HAR §16-76-57. Advertising practice

(a) This section pertains to all forms of advertising, including but not limited to radio, television, newspaper, magazines, telephone directories, window displays, outdoor signs, circulars, cards, or any other media which are used to communicate information to the general public. (b) Advertising material shall not contain false, fraudulent, misleading, or deceptive statements or claims. A false, fraudulent, misleading, or deceptive statement or claim includes, but shall not be limited to, a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because in context it constitutes only a partial disclosure of relevant facts; (3) Is intended or is likely to create false or unjustified expectations of favorable results; (4) Contains other representations or implications that in reasonable probability will cause an ordinary, prudent person to misunderstand or be deceived; (5) Contains the terms "cure" or "guarantee" for any service, procedure, or device provided; (6) Contains advertisements that the licensee specializes, or is a specialist in, any particular field, aspect, or area of practice unless the licensee possesses special certification in that field, aspect, or area of practice from an accredited college, university, or from a §16-76-57 76-24 national professional association, and provided the licensee retains qualifications necessary to that specialty; (7) Contains advertisements comparing the quality of chiropractic care; (8) Contains advertisements pertaining to referral services for chiropractic care unless the advertisement names the licensee to who the referrals are made; and (9) Contains advertisements regarding the length of time of a chiropractic practice unless specific reference is made to the individual licensee's length of licensure. (c) It shall not be false, deceptive, or misleading for a licensee to truthfully advertise prices of chiropractic services, provided that: (1) The advertisements fully disclose what is being offered for free or at a discount; (2) The advertisements clearly identify the period that free or discounted services remain in effect: (A) If an advertisement appears in a medium which is published monthly or at more frequent intervals, the advertisement shall not be considered false, deceptive, or misleading if the advertised price remains in effect for at least thirty days or until publication of the next issue; (B) If an advertisement appears in a telephone directory, it shall not be considered false, deceptive, or misleading if the advertised price remains in effect until publication and distribution of the next year's telephone directory; or (C) Except as noted in subparagraphs (A) and (B), if an advertisement fails to identify the period for which it is effective, it shall not be considered false, deceptive, or misleading if the advertised prices remain in effect at least ninety days from the date of publication or mailing. (3) Advertisements of fees for services shall be limited to routine chiropractic services and shall not be in a manner tending to deceive or mislead the public. A routine service is a service that a chiropractor performs frequently in the licensee's practice, is usually provided at a set fee with little or no variance in technique, and includes all professionally recognized components within generally accepted standards; (4) Vague references to cost, such as "discounted", "reasonable", "economy", "low-cost", and "affordable" shall be professionally accountable, factual, and accurate; §16-76-57 76-25 (5) Free or discounted chiropractic services shall be provided to all patients during the period of time specified in the advertisements, whether or not the consumer is aware of the free services or discounted fee, and whether or not payment is to be made by the individual or a third party payer such as an insurance company; (6) Free or discounted examinations shall be performed at standards equivalent to the standards for performance of those services provided at a full charge. Any free or discounted examination shall include taking a case history of the patient, a neurological, orthopedic, and physical examination, and when necessary, the taking, developing, and interpretation of x-rays or other specialized tests to establish a diagnosis and prognosis before the commencement of any chargeable services; (7) Free or discounted chiropractic treatment shall be performed at standards equivalent to the standards for performance of these services provided at a full charge; (8) When using the word "free", or any other term with essentially the same meaning, in reference to any service, examination, or treatment, the following disclaimer shall appear in capital letters clearly distinguishable from the rest of the text of the advertisement: "The patient or any other person or entity responsible for payment has a right to refuse to pay, cancel payment, or be reimbursed for payment for any other service, examination, or treatment which is performed as a result of and within twenty-four hours of responding to the advertisement for the free service, examination, or treatment." (9) Advertisements which describe any waiver of co-payments by an insured, commonly known as "No-Out-Of-Pocket-Expense" are prohibited. This does not preclude a practitioner from rendering a courtesy to a patient on an individual basis; and (10) Advertisements of services covered by insurance shall state that the coverage is limited if full coverage is not provided. [Eff 3/16/73; am and ren §16-76-22, 7/30/81; am and comp 8/3/84; comp 6/28/85; am and comp 6/1/89; am and comp 9/22/01] (Auth: HRS §442-5) (Imp: HRS §§442-9, 442-19) §16-76-62 76-26 SUBCHAPTER 9 ORAL TESTIMONY