64B18-14.004. Advertising

(1) It is the policy of the Board of Podiatric Medicine that advertising by licensed practitioners of the profession of podiatric medicine in this State should be regulated so as to effectuate the duty of the State of Florida to protect the health, safety, and welfare of its residents, while not abridging any rights guaranteed to such practitioners or to the public by the Constitution of the United States and the State of Florida, as construed by the United States Supreme Court and the Florida Supreme Court. To that end, the Board encourages the dissemination to the public of legitimate information, in accordance with the Board’s rules, regarding podiatric medicine and where and from whom services may be obtained, so long as such information is not false, deceptive, or misleading.

(2) Definition. For purposes of these rules “advertising” or “advertisement” means any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent or purpose, either directly or indirectly of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services. The terms “advertising” or “advertisement” shall include the name under which professional services are performed.

(3) Any advertisement or advertising shall be deemed by the Board to be false, deceptive, or misleading, and shall be prohibited, if it:

(a) Contains a misrepresentation of facts. The Board finds that it is a misrepresentation of fact for a podiatric physician to advertise that he performs “microsurgery” procedures when these procedures do not involve the dissection of minute structures under the microscope by means of a micro-manipulator; or

(b) Is misleading or deceptive because in its content or in the context in which it is presented it makes only a partial disclosure of relevant facts. More specifically, it is misleading and deceptive for a podiatric physician to advertise that certain services (i.e., x-rays, examinations, etc.) will be performed for free when in fact the podiatric physician is charging a third party payor for performing those services. Furthermore, it is misleading and deceptive for a podiatric physician to advertise that certain services (i.e., x-rays, examinations, etc.) will be performed for a specific charge when in fact that podiatric physician is transmitting a higher charge for the advertised services to a third party payor for payment; or

(c) Creates false or unjustified expectations of beneficial treatment or successful cures; or

(d) Contains representations relating to the quality of the podiatric medical services offered; or

(e) Conveys the impression that the podiatric physician disseminating the advertising or referred to therein possesses qualifications, skills, or other attributes, which are superior to other podiatric physicians; or

(f) Fails to conspicuously identify the podiatric physician or podiatric physicians by name in the advertisement or fails to conspicuously identify the podiatric physician or podiatric physicians referred to in the advertising as a podiatric physician. More specifically, the Board finds that it is misleading and deceptive for a licensee to place before the public in any media advertisement or on an office sign the wording “podiatric physician,” “podiatrist,” “chiropodist,” “foot specialist,” or “treatment of diseases of the foot and leg” without also conspicuously identifying in the advertisement or sign the names of each podiatric physician or podiatric physicians practicing at the location being advertised or identified. However, the Board concludes that patient referral service advertisements by the American Podiatric Medical Association and by any of its recognized component or affiliate organizations or by an organization certified or licensed as a health care provider by the United States or the State of Florida need not identify any podiatric physician who is a member of or otherwise associated with the organization or provider.

(g) Contains any representations or claims as to which the podiatric physician, referred to in the advertising, fails to perform; or

(h) Appears in a directory, including but not limited to the yellow pages of a phone book, under a heading indicating the podiatric physician practices a sub-specialty of podiatry unless the practice of the podiatric physician is limited exclusively to that sub-specialty. For example, a podiatric physician may not advertise in a directory under the heading “Physician and Surgeons – D.P.M. – Surgery,” unless his practice is limited exclusively to podiatric surgery. For purposes of this rule, “sub-specialty” is defined as any of the components which comprise podiatric medicine.

(i) Advertises that a podiatric physician is a member of an organization or possesses credentials other than licensure by this Board or the Department, including but not limited to certification, from an organization unless the organization is approved by this Board for the purposes of advertising only and the name of the organization is identified in full in the advertisement.

1. In order for an organization to obtain approval from this Board for advertising purposes it must submit a petition executed by a duly-authorized officer of the organization requesting approval. The petition must attest that:

a. The organization is composed of podiatric physicians interested in a special area of practice who have demonstrated that interest through successful completion of examinations or case reports approved by the organization; and

b. The organization subscribes to a code of ethics approved by the Board; and

c. The organization has rules and procedures for maintaining a high level of professional conduct and discipline among its membership; and

d. The organization has an active membership of at least seventy-five (75) or that there is good cause for waiving the minimum membership requirement; and

e. The organization sponsors courses in Board approved continuing podiatric education or sponsors annual meetings.

2. The petition must be accompanied by a copy of the organization’s by-laws and articles of incorporation or constitution, requirements for membership, and a complete roster of its membership. The Board may require that additional clarifying information be submitted prior to action on the petition.

3. If the organization offers certifications to podiatric physicians it must be an organization national in scope and give a certification examination at least once a year before the podiatric physician can advertise possession of the certification.

4. The Board shall require approved organizations to report specific information to justify retention of its approved status in the event of the organization’s status changes.

5. The American Podiatric Medical Association, the National Council of Competency Assurance, or any of their recognized component or affiliate organizations are automatically approved by the Board under this rule.

(j) Otherwise contains any representation, statement or claim which is misleading or deceptive.

(4) In the event a podiatric physician purchases the practice of another podiatric physician, the purchaser may use the name of the seller in advertisements for a period of three consecutive years from the time of said purchase. However, in all such advertisements the name of the seller must appear in the clause “formerly Dr. (seller’s name’s) office:” immediately beneath the name of the purchaser.

(5) Licensees may utilize letters following their names which indicate another educational designation or professional skill. However, if Florida Licensure or registration by the Department of Health is a prerequisite to practicing such profession, and if the licensee has not properly obtained such a license, the following procedure is mandated in all advertisements: the licensee must state immediately beneath his or her name that he or she is not licensed to practice the respective profession in the State of Florida.

(6) Institutional Advertising.

(a) “Institute” for purposes of this rule is defined as an organization for the promotion of podiatric medicine and for the welfare of members of the public seeking or interested in information about podiatric medical services.

(b) It shall be misleading, false and deceptive for any podiatric physician to advertise his practice as an “institute” as that may cause a violation of paragraph (3)(e), above.

(c) If a podiatric physician or an association of podiatric physicians creates or conducts an “institute” at the same physical location as his or its practice of podiatric medicine, then all advertisements of the practice and of the institute must be separate and distinct. For example, the term “institute” may not be used in any advertisement appearing in the commercial advertising section or yellow pages of telephone books or directories under headings related to podiatric medical practice such as “Physicians and Surgeons, DPM, Podiatrists (Foot).”

(d) If the director of an institute is a podiatric physician, then a publication or statement informing the public of the institute or its activities may list as its director the name of the podiatric physician followed by an indication, such as “DPM,” that the director is, indeed, a podiatric physician. By no other advertising means or medium, however, may a podiatric physician associate his practice with the institute.

Specific Authority 461.005, FS. Law Implemented 456.027(1)(a), (m), 461.013(1)(d), (e), (i) FS. History–New 1-29-80, Amended 4-22-82, 12-9-82, 7-26-84, 4-7-85, 8-27-85, Formerly 21T-14.04, Amended 10-14-86, 2-15-89, 10-15-89, 1-29-90, 6-19-90, 1-19-92, Formerly 21T-14.004, 61F12-14.004, Amended 6-17-97, Formerly 59Z-14.004.