64B15-14.001. Advertisings

(1) The Board permits the dissemination to the public of legitimate information in accordance with the Board’s rules, regarding the practice of osteopathic medicine and where and from whom osteopathic medical services may be obtained, so long as such information is in no way false, deceptive, or misleading.

(2) No physician shall disseminate or cause the dissemination of any advertisement or advertising which is in any way false, deceptive, or misleading. Any advertisement or advertising shall be deemed by the Board to be false, deceptive, or misleading if it:

(a) Contains a misrepresentation of facts; or

(b) Makes only a partial disclosure of relevant facts; or

(c) Creates false or unjustified expectations of beneficial assistance; or

(d) Appeals primarily to a layperson’s fears, ignorance, or anxieties regarding his state of well-being; or

(e) Contains any representation or claims as to which the osteopathic physician referred to in the advertising does not expect to perform; or

(f) Contains any representation, statement, or claim which misleads or deceives; or

(g) States or implies that the osteopathic physician is a specialist in any aspect of the practice of osteopathic medicine unless he has in fact completed post-doctoral training in the recognized specialty field including internship, residency, fellowship, or alternate training requirements, accredited by either the AOA or the ACGME for the number of years contemplated for completion of the specialty program. However, a physician may indicate the services offered and may state that the practice is limited to one or more types of services when this is, in fact, the case; or

(h) States or implies that an osteopathic physician has been certified as a specialist in any aspect of the practice of osteopathic medicine unless he or she has in fact received such certification, meets the training requirements of paragraph 64B15-14.001(2)(g), F.A.C., includes the name of the certifying agency in any statement or advertisement claiming certification. For purposes of this rule, the Board approves the specialty boards of the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), and such other recognizing agencies as may request and receive future approval by the Board based upon the following criteria:

1. The organization has been granted Section 501(c) status under the Internal Revenue Code.

2. The organization shall have full time administrative staff, housed in dedicated office space which is appropriate for the organization’s program.

3. The organization shall have bylaws, a code of ethics to guide the practice of its members, and an internal review and control process, including budgetary practices, to ensure effective utilization of resources.

4. The organization shall be national in scope, one of whose central purposes is credentialing of Physicians. An umbrella organization composed of more than one academy and board shall also have formal procedures for recognition and discipline of academies and boards.

5. With regards to certification, the organization shall be able to demonstrate the existence of appropriate procedures to ensure, with regard to any examination given after the effective date of this rule, that:

a. Such examination is of sufficient breadth and scope as to cover the specialty field;

b. The exams and answers thereto are adequately secured;

c. A standard grading system with pass/fail standards has been established in advance of testing;

d. The proctoring of all examinations shall be done by independent proctors, i.e., at a minimum, members of the certification board not related to, in practice or association with, or having a financial interest in the applicant being tested;

e. The grant or denial of certification is based on objective performance, skill, knowledge, and merit of the candidate;

6. The organization has an interest in the continuing proficiency of its members, by requiring periodic recertification and/or documentation of continuing medical education hours as well as continued practice in the field of certification.

(i) Represents that professional services can or will be competently performed for a stated fee when this is not the case, or makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will, in fact, be charged; or

(j) Conveys the impression that the osteopathic physician disseminating the advertising or referred to therein possesses qualifications, skills or other attributes, which are superior to other osteopathic physicians, other than a simple listing of earned professional, post-doctoral or other professional achievements recognized by the Board; or

(k) Fails to conspicuously identify the osteopathic physician by name in the advertisement or fails to conspicuously identify the osteopathic physician referred to in the advertising as an osteopathic physician.

(3) As used in the rules of this Board, the terms “advertisement” and “advertising” shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the 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.

(4) It shall be the responsibility of any duly licensed osteopathic physician who utilizes the electronic media for the purpose of advertising to insure that an exact copy of the audio tape and/or video tape is maintained and preserved for a period of at least 90 days from the date that the actual advertisement is aired or shown through the electronic media.

(5) The recognizing agencies currently approved by the Board of Osteopathic Medicine include:

(a) American Association of Physician Specialists, Inc. (Approved June, 2002).

(b) American Board of Interventional Pain Physicians (Approved August, 2010).

Rulemaking Authority 459.005, 459.015(1)(d), (e), (l), (m), (o), (q), (v), (nn), 459.0152 FS. Law Implemented 459.005, 459.015(1)(d), (e), (l), (m), (o), (q), (v), (nn),  459.0152 FS. History–New 7-1-80, Formerly 21R-14.01, Amended 10-28-91, Formerly 21R-14.001, 61F9-14.001, 59W-14.001, Amended 11-29-10.