64B8-44.002. Fraudulent, False, Deceptive, or Misleading Advertising

(1) “Advertisement” or “advertising” shall mean any written or oral statements to or before the public 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.

(2) Any advertisement or advertising shall be deemed by the Board to be fraudulent, 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) Represents that professional services can or will be completely 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

(e) Appears in any classified directory, listing, or compendium under a heading, which when considered together with the advertisement, has the capacity or tendency to be deceptive or misleading with respect to the profession or professional status of the licensee; or

(f) Contains any representation of a special area of practice by the licensee which implies that the licensee requires a superior license or formal recognition by the Board to that granted other dietitian/nutritionists or nutrition counselors who meet the licensing requirements of the Dietetics and Nutrition Practice Act; or

(g) States or implies the licensee is a specialist in any aspect of dietetics/nutrition practice or nutrition counseling unless the person has completed post-baccalaureate training in the recognized speciality field including internship, fellowship or alternative training requirements. The licensee may indicate the services offered and may state that the practice is limited to one or more types of services when this is the case; or

(h) States or implies that the licensee has been certified as a specialist in any aspect of the practice of nutrition unless he or she has received such certification, meets the training requirements, includes the name of the certifying agency in any statement or advertisement claiming certification, and the certifying agency meets 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 to its members, an internal review and control process, including budgetary practices and quality assurance management to ensure effective education, training or testing standards.

4. The organization shall be national in scope with a central purpose being protecting the health and safety of the public.

5. The certifying organization shall be able to demonstrate adequate procedures to ensure that its examination is of sufficient breadth and scope to cover the speciality field; that the exams and answers are adequately secured; that prior to testing it established a standard grading system with pass/fail standards of acceptable psychometric validity and reliability; that exam proctoring shall be done by independent proctors, 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; and that 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 documentation of continuing professional education hours as well as continued practice in the field of certification. These speciality fields include the American Diabetic Association Certified Diabetic Educators, persons certified by the American Society of Parenteral and Enteral Nutrition; and a fellow of the American Society of Clinical Nutrition.

(i) Makes false, unproven, or misleading claims about the validity, safety, or effectiveness of any dietetic or nutrition related service, product or test; or

(j) Fails to conspicuously identify the licensee by name in the advertisement; or

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

(3) Any licensee who advertises in the electronic media must insure that an exact copy of the audio tape or video tape, as applicable, is maintained and preserved for at least 90 days from the date the actual advertisement is aired on or shown through the electronic media.

Rulemaking Authority 468.507 FS. Law Implemented 468.518(1)(g), (h), (j) FS. History–New 12-4-90, Formerly 21M-50.002, Amended 6-22-94, Formerly 61F6-50.002, Amended 2-20-96, Formerly 59R-44.002, Amended 7-13-16.