| (a) A person, including a massage therapy instructor,
a massage school, a massage therapist, or massage establishment, who
is not licensed under the Act, shall not use the word "massage" on
any sign, display, or other form of advertising unless the person
is expressly exempt from the license requirements of the Act. Under
no circumstances may a sexually oriented business use the word "massage"
or "bath" on any sign or other form of advertising.
(b) A licensee shall not use advertising that is false,
misleading, or deceptive or that is not readily subject to verification.
False, misleading, or deceptive advertising or advertising that is
not readily subject to verification includes advertising that:
(1) makes a material misrepresentation of fact or omits
a fact necessary to make the statement as a whole not materially misleading;
(2) makes a representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(3) compares a health care professional's services
with another health care professional's services unless the comparison
can be factually substantiated;
(4) causes confusion or misunderstanding as to the
credentials, education, or licensure of a health care professional;
(5) advertises or represents that health care insurance
deductibles or copayments may be waived or are not applicable to health
care services to be provided if the deductibles or copayments are
required;
(6) advertises or represents that the benefits of a
health benefit plan will be accepted as full payment when deductibles
or copayments are required;
(7) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of client; or
(8) advertises or represents in the use of a professional
name, title or professional identification that is expressly or commonly
reserved to or used by another profession or professional.
(c) When an assumed name is used in a person's practice
as a massage therapist, the full legal name of the massage therapist
or license number of the massage therapist must be listed in each
advertisement and each time the business name or assumed name appears
in writing. The license number of a massage establishment must be
listed in conjunction with the assumed or legal name of the massage
establishment. An assumed name used by a massage therapist must not
be false, misleading, or deceptive.
(d) A massage school shall not make false, misleading,
or deceptive statements concerning the activities or programs of another
massage school.
(e) Advertisements by a massage therapy educational
program seeking prospective students must clearly indicate that training
is being offered, and shall not, either by actual statement, omission,
or intimation, imply that prospective employees are being sought.
(f) Advertisements seeking prospective students must
include the full and correct name and license number of the massage
therapy educational program and massage school.
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