64B1-9.007. Advertising

(1) Advertising by persons licensed or certified under chapter 457, F.S., is permitted so long as the information disseminated is in no way false, deceptive, or misleading and so long as the information does not claim that acupuncture is useful in curing any disease. Any advertisement or advertising shall be deemed 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) Contains any representations or claims, as to which the person making the claims does not intend to perform, or

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

(f) Fails to conspicuously identify the licensee by name in the advertisement.

(2) 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.

(3) It shall not be considered false, deceptive, or misleading for any persons licensed or certified under chapter 457, F.S., to use the following initials or terms:

(a) L.Ac.;

(b) R.Ac.;

(c) A.P.;

(d) D.O.M.;

(e) Licensed Acupuncturist;

(f) Registered Acupuncturist;

(g) Acupuncture Physician; and,

(h) Doctor of Oriental Medicine.

(4) Any licensee who advertises through an agent or through a referral service shall be held responsible for the content of such advertising and shall ensure that the advertising complies with this rule and chapter 457, F.S.

Rulemaking Authority 456.072, 457.104, 457.109 FS. Law Implemented 456.072(1)(a), (m), 457.109(1)(d), (e), (k) FS. History–New 9-27-06, Amended 12-15-15, 8-9-18.