Section 5.31. Professional advertising

(a) A licensee may provide information to the public which includes the location of the licensee’s office, office hours, postgraduate degrees received from an approved college or accredited academic institution, chiropractic specialties, years of chiropractic practice and fees for routine professional services.

(b) Advertisements, letterhead, signs or other printed material shall indicate the licensee’s name and profession.

(c) Advertising which is false, fraudulent, deceptive or misleading will be considered unprofessional conduct and may provide the basis for disciplinary action against the advertising licensee. An advertisement shall be deemed by the Board to be fraudulent, false, deceptive or misleading if it does one of the following:

(1) Contains a misrepresentation of facts.

(2) Makes only a partial disclosure of relevant facts in its content or in the context in which it is presented; for example, advertising free services or services for a specific charge when, in fact, the licensee is transmitting a higher charge for the advertised services to a third-party payor for payment, or advertising a free service or services which are conditioned upon the purchase of an additional service or services without disclosing the condition.

(3) Creates false or unjustified expectations of beneficial treatment for a successful result.

(4) Is designed to inflame or appeal primarily to a layperson’s fears, ignorance or anxieties regarding the person’s state of health or physical well-being.

(5) Contains a representation that the licensee holds certification in a chiropractic specialty when the licensee does not hold certification in that specialty.

(6) Contains a representation that the licensee is a licensed physical therapist when a licensee is not licensed under the Physical Therapy Practice Act (63 P. S. § § 1301—1313).

(d) An advertisement for a free x-ray shall comply with § 5.53(b) (relating to radiological procedures).

The provisions of this § 5.31 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Notation

Authority

The provisions of this § 5.31 issued under section 302 of the Chiropractic Practice Act (63 P. S. § 625.302).