(a) A practitioner may advertise. A practitioner must
not use or participate in the use of any publication, including advertisements,
news stories, press releases, and periodical articles, that contains
a false, misleading, or deceptive statement.
(b) A practitioner must not include any of the following
types of statements in any advertisements or press releases:
(1) a misrepresentation of fact, or claims as fact
something that has not been generally accepted among the podiatric
community or by the department as having been proven or established
as fact;
(2) a statement that is likely to mislead or deceive
or entice or persuade a reasonable person because it fails to make
full disclosure of relevant facts whether regarding fees, modes of
treatment, conditions or techniques of surgery, post-operative conditions
such as degree of pain, length of time of recovery, mobility and strength
during recovery, and the like;
(3) a statement that is intended or likely to create
in a reasonable person false or unjustified expectations of favorable
results;
(4) a laudatory statement, or other statement or implication
that the practitioner's services are of exceptional quality;
(5) statistical data or information that reflects or
is intended to reflect quality or degree of success of past performance,
or prediction of future success;
(6) a representation that podiatric services can or
will be completely performed for a stated fee amount when this is
not the case, or makes representations with respect to fees that do
not disclose all variables affecting the fees, or makes representations
that might cause a reasonable person to misunderstand or be deceived
about the fee amount;
(7) a representation that health care insurance deductibles
or co-payments may be waived or are not applicable to health care
services to be provided if the deductibles or co-payments are required;
or
(8) a representation that the benefits of a health
benefit plan will be accepted as full payment when deductibles or
co-payments are required.
(c) Information contained in a public communication
by a practitioner may include, but is not limited to the following:
(1) name, address, telephone numbers, office hours,
and telephone-answering hours;
(2) biographical and educational background;
(3) professional memberships and attainments and certifications,
subject to the provisions of subsection (e);
(4) description of services offered, subject to the
provisions of subsection (f);
(5) foreign language ability;
(6) acceptable credit arrangements, subject to the
provisions of subsection (b)(2) and (b)(6);
(7) the limitation of practice to certain areas of
podiatric medicine;
(8) the opening or change in location of any office
and change in personnel;
(9) fees charged for the initial consultation, provided
that any limitation on the time for the consultation must be stated;
(10) fixed fees for specific podiatric treatments and
services, subject, however, to the provisions of subsection (b)(2)
and (b)(6); and
(11) a statement that a schedule of fees or an estimate
of fees to be charged for specific treatments or services will be
available on request.
(d) All practitioners must retain recordings, transcripts,
or copies of all public communications by date of publication for
a period of at least two years after such communication was made.
(e) A practitioner may advertise or publish the name
of any board of certification under which the practitioner has fully
and validly become certified, provided that the full name of the certifying
board is included in the publication.
(f) A practitioner must not list in any type of advertisement
or public communication any certifying board that is not approved
or recognized by the Council on Podiatric Medical Education of the
American Podiatric Medical Association.
(g) The terms "board eligible", "board qualified",
or any similar words or phrase calculated to convey the same meaning
must not be used in advertising.
(h) If a publication by or for a practitioner mentions
a particular surgical technique or device, the publication must also
include a specific and true statement that reveals the limits, scope,
and specific purpose of the technique or device so as not to mislead
a reasonable person regarding the difficulty, pain or discomfort,
length of time for surgery or recuperation, or possibility of complications.
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