Advertising Regulation

PURPOSE: This rule sets forth the content and methods that podiatrists who are licensed by the State Board of Podiatric Medicine shall follow if they advertise their services to the public in Missouri. (1) Nothing in these rules shall be construed as allowing any advertisement or solicitation which is false, misleading or deceptive. Any advertisement or solicitation which is false, misleading or deceptive is prohibited. (2) Any podiatrist whose office or practice is the subject of any advertisement or solicitation is responsible for the form and content of that advertisement or solicitation. (3) Definitions. The following words and terms when used in this rule shall have the following meaning: (A) Advertisement shall mean any attempt, directly or indirectly, by publication, dissemination or circulation in print, or electronic media which, directly or indirectly, induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services, treatment or related goods from a podiatrist; (B) Electronic media shall include radio, television, email and Internet; (C) Print media shall include, but not be limited to, newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, matchcovers, Internet, email, and other items, documents or comparable publications, the content of which is disseminated by means of the printed word; (D) Range of fees shall refer to an expressly stated upper and lower limit on the fees charged for services or goods offered by a podiatrist; and (E) Solicitation shall mean any conduct other than that which has been defined as advertising which occurs outside the podiatrist’s office and which, directly or indirectly, induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services, treatment or related goods from a podiatrist. (4) A podiatrist shall maintain a record of all advertisements and solicitations including, but not limited to: (A) A recording or transcript, including any visual images broadcast, shall be maintained for a period of three (3) years together with the name of the television or radio station(s) and the date(s) of broadcast for any advertisement in electronic media; (B) An actual copy, photocopy or photograph of any advertisement in print media shall be maintained for a period of three (3) years together with the name of the publication(s) or location(s) of publication or display and the date(s) of publication or display; (C) A memorandum or other written record of every solicitation shall be maintained for a period of three (3) years. The memorandum or written record shall include the content, time, date and location of the solicitations; and (D) Failure to maintain these records shall constitute misconduct. (5) Podiatrists may use advertisements as defined in sections (3) and (4). (6) Podiatrists may engage in solicitation, personally or through agents or representatives, except podiatrists shall not advertise or solicit using— (A) Any form of aerial display; and (B) Sound equipment from a motor vehicle. (7) False, misleading or deceptive advertising or soliciting includes, but is not limited to, the following: (A) Use of a trade name or assumed name in connection with a podiatrist’s practice that does not comply in every respect with the requirements of 20 CSR 2230-2.020; (B) Statements of any nature which indicate that a certain podiatrist performs all of the work, when, in fact, all or part of the work or service is performed by another; (C) Any offer of a professional service which the podiatrist knows or should know is beyond the podiatrist’s ability to perform or that is for any other reason not readily available; (D) Any advertisement or solicitation which suppresses, omits or conceals any material fact under circumstances which a podiatrist knows or should know that the suppression, omission or concealment is improper or prohibits a prospective patient from making a full and informed judgment on the basis of the information set forth; (E) Any advertisement which fails to identify the podiatrist’s profession by not including the word podiatrist, doctor of podiatric medicine or DPM following the podiatrist’s name; (F) Those types of advertisements or solicitation specified in section 330.160.2(14), RSMo; (G) Any advertisement or solicitation which, through method of delivery or through content, is intended to or is reasonably likely to result in undue pressure, undue influence or overreaching with regard to a prospective patient; (H) Any offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient; (I) Any offer of goods or services for a specific fee, range of fees, discount or for free which is not honored for a minimum of ninety (90) days following the last advertisement or solicitation or for the other specific time period set forth in the advertisement or solicitation. If the offer sets forth a specific time period, the time period may be less than ninety (90) days; (J) Any offer of free goods or services without disclosing that other goods or services which are ordinarily required in connection with the free goods or services are not free, unless those other goods or services are also offered free of charge; and (K) Any offer of goods or services for no fee or for a discount which does not include the regular fee or range of fees for those goods or services. As an alternative, the offer may state that the regular fee services will be provided to any member of the public upon request. At the time that the regular fee or range of fees is provided in response to a request, information regarding the specific time period during which the regular fee or range of fees will be honored, must be provided. AUTHORITY: sections 330.140, RSMo 2000 and 330.160, RSMo Supp. 2006.* This rule originally filed as 4 CSR 230-2.021. Original rule filed Oct. 15, 1985, effective Jan. 12, 1986. Amended: Filed Nov. 4, 1986, effective Jan. 30, 1987. Amended: Filed May 16, 1995, effective Dec. 30, 1995. Amended: Filed Oct. 30, 1997, effective April 30, 1998. Amended: Filed Sept. 1, 2004, effective March 30, 2005. Moved to 20 CSR 2230-2.021, effective Aug. 28, 2006. Amended: Filed July 11, 2007, effective Jan. 30, 2008. *Original authority: 330.140, RSMo 1945, amended 1981, 1993, 1995, 1998 and 330.160, RSMo 1939, amended 1951, 1981, 1999, 2005.