TBCE Proposes Amendment to 77.2 Publicity - Texas Journal of Chiropractic

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TBCE Proposes Amendment to 77.2 Publicity

Published 02/05/2012 - 12:20 p.m. CDT

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The Texas Board of Chiropractic Examiners REPORTS HERE that it has proposed amendments to rule 77.2 Publicity. The proposed new rule states [Underscored and bold is newly added; light color and bracketed is deleted text]:

(a) A registered facility or licensee shall not, on behalf of himself, his partner, associate, or any other licensee or facility affiliated with him, use or participate in the use of any form of public communication which contains a false, fraudulent, misleading, deceptive, or unfair statement of claim, or which has the tendency or capacity to mislead or deceive the general public, as defined in §77.5 of this title (relating to Misleading Claims).

(b) In any form of public communication, a licensee or [registered] facility shall not describe services that are inconsistent with the practice of chiropractic as described under §75.17 of this title (relating to Scope of Practice)[, relating to scope of practice].

(c) A licensee or [registered] facility engaging in, or authorizing another to engage in telemarketing of prospective patients shall not misrepresent to the person called any association with an insurance company or another doctor of chiropractic or another chiropractic group or facility.

(1) A licensee, [registered] facility, or their agent, engaging in telemarketing shall not promise successful chiropractic treatment of injuries or make any other communication which would be prohibited under subsection (a) of this section.

(2) A licensee, [registered] facility, or their agent, engaging in telemarketing are required, at the start of each call, to inform the person called who they are (caller's name) and who they represent (clinic/doctor).

(3) A licensee or [registered] facility engaging in telemarketing, either directly or through an agent, shall keep a copy of each script used for calling and a log of all calls made that shall include the date, telephone number, and the name of each person called. Such scripts and logs shall be maintained for a minimum of two years.

(d) Licensees or [registered] facilities that intend to include a testimonial as part of any form of public communication shall maintain a signed statement from that person or group to support any statements that may be used in any public communication for a minimum of two years from publication of the testimonial.

(e) Licensees or [registered] facilities shall clearly differentiate a chiropractic office, clinic, or
facility from another business or enterprise in any form of public communication.

(f) Licensees shall identify themselves as either "doctor of chiropractic," "DC," or "chiropractor" in all forms of public communication. If each licensee that practices in a [registered] facility has identified themselves as required in this subsection [ above], then the facility name need not include "chiropractic" or similar language.

(g) In any form of public communication using the phrase "Board Certified" or similar terminology associated with any credentials, a licensee must identify the board certifying said credentials.

(h) In any form of public communication, if a licensee or facility makes a claim based on one or more research studies, the licensee or facility shall clearly identify the relevant research study or studies and make copies of such research studies available to the board or the public upon request.

(i) In any form of public communication, a licensee or facility shall not advertise any service as "free" unless the public communication clearly and specifically states:

(1)all the component services which will or might be performed at the time of, or as part of, the service;

(2) as to each such component service, whether that service will be free or, if not, the exact amount which will be charged for it; and

(3) if a component service is an evaluation, whether the report of findings will be free or, if not, the exact amount which will be charged for the report of findings.

(4) The effective date of this subsection is June 1, 2012.

(j) This section and §77.5 of this title apply to all advertising, communications, or telemarketing done by or on behalf of a licensee or facility, including activities conducted by employees, students being mentored by the licensee, or other agents.

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