Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Acupuncture
RULE NO: RULE TITLE
64B1-9.007: Advertising
PURPOSE AND EFFECT: To give notice of permitted methods of advertising, and to address advertising violations.
SUMMARY: Provides for permitted methods of advertising and addresses advertising violations.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.072, 457.104, 457.109 FS.
LAW IMPLEMENTED: 456.072(1)(a), (m), 457.109(1)(d), (e), (k) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela E. King, Executive Director, Board of Acupuncture, 4052 Bald Cypress Way, Bin C06, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

64B1-9.007 Advertising.

(1) Advertising by persons licensed or certified under Chapter 457, Florida Statutes, 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, Florida Statutes, 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, Florida Statutes.

Specific Authority 456.072, 457.104, 457.109 FS. Law Implemented 456.072(1)(a), (m), 457.109(1)(d), (e), (k) FS. History– New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Acupuncture
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Acupuncture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 7, 2006