64B18-14.005. Solicitation

(1) It is the policy of the Board of Podiatric Medicine that solicitation by podiatric physicians in the 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 licensees or to the public by the Constitutions of the United States and the State of Florida as construed by the United States Supreme Court and the Florida Supreme Court.

(2) A podiatric physician shall not solicit, in person or otherwise, a prospective patient with whom a podiatric physician has no family or prior professional relationship, when a significant motive for such solicitation is the podiatric physician’s pecuniary gain. A podiatric physician shall not permit employees or agents of the podiatric physician to solicit in the podiatric physician’s behalf. A podiatric physician shall not enter into an agreement for, charge, or collect a fee for professional services obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient and includes any written form of communication directed to a specific recipient.

(a) A written communication to a prospective patient constitutes soliciting if:

1. It has been made known to the podiatric physician that the person does not want to receive such communication from the podiatric physician;

2. The communication involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence;

3. The communication contains a false, fraudulent, misleading, deceptive, or unfair statement or claim or is improper under Rule 64B18-14.004, F.A.C.

(b) Written communications to prospective patients for the purpose of obtaining podiatric services are subject to the following requirements:

1. Each page of such written communication shall be plainly marked “advertisement” in red ink, and the lower, left corner of the face of the envelope containing a written communication likewise shall carry a prominent, red “advertisement” mark. If the written communication is in the form of a self-mailing brochure or pamphlet, the “advertisement” mark in red ink shall appear on the address panel of the brochure or pamphlet. Brochures solicited by patients or prospective patients need not contain the “advertisement” mark.

2. Written communications mailed to prospective patients shall be sent only by regular U.S. Mail and not by Registered Mail or other forms of restricted delivery.

3. No reference shall be made in the communication to the communication having received any kind of approval from the Board of Podiatric Medicine.

(3) Any form of invited communication to a potential client is permissible provided such communication conforms to the advertising guidelines of Rule 64B18-14.004, F.A.C.

Specific Authority 461.005 FS. Law Implemented 461.013(1)(k) FS. History–New 1-29-80, Formerly 21T-14.05, 21T-14.005, 61F12-14.005, Amended 6-17-97, Formerly 59Z-14.005.