64B8-11.001. Advertising  


Effective on Monday, February 26, 2018
  • 1(1) The Board permits the dissemination to the public of legitimate information, in accordance with the Board’s rules, regarding the practice of medicine and where and from whom medical services may be obtained, so long as such information is in no way false, deceptive, or misleading.

    47(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:

    88(a) Contains a misrepresentation of facts, or

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

    105(c) Creates false or unjustified expectations of beneficial assistance, or

    115(d) Contains any representation or claims, as to which the physician, referred to in the advertising, does not expect to perform, or

    137(e) Contains any other representation, statement, or claim which misleads or deceives, or

    150(f) States or implies that the physician has received formal recognition as a specialist in any aspect of the practice of medicine unless the physician has in fact received such recognition and such recognizing agency is approved by the Board. However, a physician may use on letterhead or in advertising a reference to the physician’s specialty recognition received from a recognizing agency that has not been approved by the Board only if the letterhead or advertising also contains in the same print size or volume the statement that “The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine.” For purposes of this rule, the Board approves the specialty boards of the American Board of Medical Specialties (ABMS) as recognizing agencies, and such other recognizing agencies as may request and receive future approval by the Board based upon the following criteria:

    3031. The recognizing agency must be an independent body that certifies members as having advanced qualifications in a particular allopathic medical specialty through peer-reviewed demonstrations of competence in the specialty being recognized.

    3352. Specialty recognition must require completion of an allopathic medical residency program approved by either the Accreditation Council of Graduate Medical Education (ACGME) or the Royal College of Physicians and Surgeons of Canada that includes substantial and identifiable training in the allopathic specialty being recognized.

    3803. Specialty recognition must require successful completion of a comprehensive examination administered by the recognizing agency pursuant to written procedures that ensure adequate security and appropriate grading standards.

    4084. The recognizing agency must have been determined by the Internal Revenue Service of the United States to be a legitimate not for profit entity pursuant to Section 501(c) of the Internal Revenue Code.

    4425. The recognizing agency must have full time administrative staff, housed in dedicated office space which is appropriate for the agency’s program and sufficient for responding to consumer or regulatory inquiries.

    4736. The recognizing agency must have written by-laws, and 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. However, a physician may indicate the services offered and may state that practice is limited to one or more types of services when this is in fact the case, or

    539(g) 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

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

    630(i) Fails to conspicuously identify the physician by name in the advertisement, or

    643(j) Includes reference to specialty certification without identifying the name of the specialty board that has awarded specialty certification, or

    663(k) Implies specialty or sub-specialty for which the physician has not received specialty recognition.

    677(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.

    745(4) It shall be the responsibility of any duly licensed 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 six months from the date that the actual advertisement is aired or shown through the electronic media.

    806(5) Any duly licensed physician who solicits patients personally or through an agent shall be responsible for any advertising used to solicit such patients. For purposes of this rule and Section 837458.331(1)(l), F.S., 839soliciting patients through an agent shall include accepting patients who are referred by a corporate or business entity with whom the licensee has an employment or contractual relationship to perform medical services or to perform medical diagnosis, but does not include accepting patient pursuant to managed care plans, licensed or certified by the Florida Department of Insurance.

    896(6) Any physician who advertises by, through or with a referral service shall be held responsible for the content of such advertising and all such advertisements shall comply with this rule and contain the following:

    931(a) A statement that the advertisement is for a medical referral service and is in the behalf of the physician members of the referral service.

    956(b) A statement that the referral service refers only to those physicians who have paid or been otherwise selected for membership in the referral service.

    981(c) A statement that membership in the referral service is limited by the referral agency.

    996(d) A statement that physicians who receive referrals from the referral service charge no more than their usual and customary professional fees for service.

    1020(e) These required statements shall be present in reasonably recognizable print or volume equivalent to the size or volume of other information in the advertisement.

    1045(7) No person licensed pursuant to Chapter 458, F.S., shall disseminate or cause the dissemination of any advertisement or advertising that contains the licensee’s name without clearly identifying the licensee as either a medical doctor (M.D.), physician assistant (P.A.), or anesthesiologist assistant (A.A.).

    1088(8) The recognizing agencies currently approved by the Board of Medicine include:

    1100(a) American Board of Facial Plastic & Reconstructive Surgery, Inc. (Approved February 1997).

    1113(b) American Board of Pain Medicine (Approved August 1999).

    1122(c) American Association of Physician Specialists, Inc./American Board of Physician Specialties (Approved February 2002).

    1136(d) American Board of Interventional Pain Physicians (Approved June 2010).

    1146(e) American Board of Vascular Medicine (Approved December 2014).

    1155(f) United Council for Neurologic Subspecialties (Approved April 2017).

    1164(g) American Board of Electrodiagnositic Medicine (Approved October 2017).

    1173(9) No person licensed pursuant to Chapter 458, F.S., shall hold himself or herself out as a board-certified specialist in dermatology unless the recognizing agency is one of the specialty organizations recognized in Section 1207458.3312, F.S. 1209or subsection (8), above, and has been triennially reviewed and re-authorized by the Board of Medicine. In order to be re-authorized, the specialty organization must demonstrate 1235that throughout the period of triennial renewal it has complied 1245with the following criteria:

    1249(a) The recognizing agency must be an independent body that certifies members as having advanced qualifications in a particular allopathic medical specialty through peer-reviewed demonstrations of competence in 1277dermatology1278.

    1279(b) 1280Each specialty 1282recognition 1283awarded to an allopathic physician during the triennial review period 1293must 1294have required 1296completion of an allopathic medical residency program approved by either the Accreditation Council of Graduate Medical Education (ACGME) or the Royal College of Physicians and Surgeons of Canada in 1325dermatology1326.

    1327(c) Specialty recognition must require successful completion of a comprehensive examination administered by the recognizing agency pursuant to written procedures that ensure security and grading standards.

    1353(d) The recognizing agency must have been determined by the Internal Revenue Service of the United States to be a legitimate not for profit entity pursuant to Section 501(c) of the Internal Revenue Code.

    1387(e) The recognizing agency must have full time administrative staff, housed in dedicated office space which is appropriate for the agency’s program and sufficient for responding to consumer or regulatory inquiries.

    1418(f) The recognizing agency must have written by-laws, and 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.

    1454(g) Any recognizing agency seeking to submit to triennial review and to obtain reauthorization from the Board of Medicine shall submit to the Board of Medicine documentation of compliance with the criteria set forth in subparagraphs (a) through (f), above, in a format that is readable and easily understood. Such submission shall be made during the last six months of a triennial period and no less than 90 days prior to the end of a triennial period. Based upon review of the documentation submitted, the Board of Medicine will either grant or deny the request for reauthorization in writing prior to the expiration of the triennial period in which the documentation is submitted. The recognizing agency or any Florida licensed physician holding specialty certification from the recognizing entity shall have the right to challenge a written denial of reauthorization as provided in Section 1597120.57, F.S., 1599and during the time it takes to complete such a challenge the provisions of Section 1614120.60(4), F.S., 1616shall apply.

    1618Rulemaking Authority 1620458.309 FS. 1622Law Implemented 1624456.072(1)(t), 1625458.331(1)(d), 1626(l), (n), (o), 1629458.3312 FS. 1631History–New 3-31-80, Formerly 21M-24.01, Amended 11-15-88, Formerly 21M-24.001, Amended 12-5-93, Formerly 61F6-24.001, Amended 4-3-95, 4-16-96, 5-29-97, 5-7-97, Formerly 59R-11.001, Amended 1-31-01, 9-1-02, 1-16-07, 10-17-10, 11-20-12, 3-2-15, 9-4-17, 2-26-18.

     

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