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Ohio Laws and Rules
(A) This rule applies to all forms of advertising and solicitation.
(B) No chiropractic physician shall advertise or solicit for patronage in connection with the practice of chiropractic and/or acupuncture if any communication contained therein is false, fraudulent, deceptive, or misleading.
(C) Excluding a free consultation, any advertisement or solicitation which offers chiropractic and/or acupuncture services on a gratuitous basis shall include a disclaimer. If the advertisement is visual, the disclaimer shall be contained therein. If the advertisement is aural, the disclaimer shall be read. A written copy of the disclaimer shall be provided to every patient who responds to an offer, prior to the rendering of patient care. The disclaimer shall clearly state:
(1) Any exclusions, prohibitions, restrictions, limitations, conditions, or eligibility requirements which apply to the offer and;
(2) If additional services rendered on the same day which are associated with the offer but not provided free of charge.
(D) All advertisements and solicitations in connection with the practice of chiropractic and/or acupuncture shall include therein the first and last name of a designated chiropractic physician who holds a valid Ohio chiropractic license and who has reviewed and approved the content of the advertisement or solicitation. Said designated chiropractic physician shall be responsible for solicitation made by others on his or her behalf.
(E) All advertisements and solicitations in connection with the practice of chiropractic and/or acupuncture shall clearly reveal that the advertisement and/or solicitation is being made on behalf of a chiropractic physician(s).
(F) All advertisements and solicitations in connection with the practice of chiropractic shall contain therein one of these exact terms: chiropractic, chiropractor, doctor of chiropractic or chiropractic physician.
(G) All advertisements and solicitations in connection with the practice of acupuncture by a chiropractic physician who holds a certificate to practice acupuncture issued under Chapter 4734. of the Revised Code shall comply with the provisions of this rule. No chiropractic physician who holds a certificate to practice acupuncture issued under Chapter 4734. of the Revised Code may advertise or represent to the public that the person is engaged in the practice of oriental medicine or utilize any of the titles listed in section 4762.08 of the Revised Code.
(H) Any trade or fictitious names utilized in connection with the practice of chiropractic and/or acupuncture shall be duly registered with the Ohio secretary of state.
(I) Telephonic solicitations shall conform to Chapter 4719. of the Revised Code.
(J) Chiropractic physicians who solicit patients via any telecommunication method or device shall maintain a record of the names of the individuals called, their telephone number, and a copy of the exact solicitation script(s) used for six months from the date of last use. Failure to maintain the names of the individuals called, their telephone number, and a copy of the exact solicitation script(s) used for six months from the date of last use constitutes a violation of this rule.
(K) Chiropractic physicians who solicit via any written medium, including but not limited to via the US mail, facsimile, or electronic mail, shall maintain a copy of the written solicitation and a record of the name, address, electronic mail address, or other location where the solicitation was sent, for six months from the last date of use. Failure to maintain a copy of the written solicitation and a record of the name, address, electronic mail address, or other location where the solicitation was sent for six months from the date of last use constitutes a violation of this rule.
(L) Chiropractic physicians who solicit via in-person shall maintain a record of the names of the individuals contacted, including their address and telephone number for a period of six months. Failure to maintain a record of the names of the individuals contacted, including their address and telephone number for a period of six months constitutes a violation of this rule.
(M) Each of the following constitutes an act of abusive solicitation and is in violation of this rule:
(1) Use of threats, intimidation, or profane or obscene language;
(2) Contacting an individual repeatedly or continuously, or after being advised that there is no interest in receiving chiropractic and/or acupuncture services;
(3) Contacting an individual when that person has previously stated that he or she does not wish to receive an outbound telephone call or in person solicitation made by or on behalf of the seller whose goods or services are being offered. Every seller of goods or services is to maintain a “do not call” list;
(4) Contacting an individual at any time other than between eight a.m. and nine p.m. local time;
(5) Requiring an immediate response from an individual to any offer made during the solicitation or making a one time only offer and/or not permitting the individual to consider the offer and reply at a later time;
(6) Failure to disclose the solicitor’s identity and the identity of the chiropractic physician and practice on whose behalf the solicitation is being made; the purpose of the solicitation; a statement of the goods or services being offered; and that no purchase or payment is necessary to participate in a promotion if a promotion is offered;
(7) Misrepresenting an affiliation with, or endorsement by, any government or third-party organization;
(8) Communicating with an individual in a way that invades privacy of the individual, or interferes with an existing doctor/patient relationship.
(N) A licensee may utilize testimonials if the patient giving the testimonial has given written consent as to the exact wording and proposed use of the testimonial. A copy of such consent and testimonial shall be retained by the chiropractic physician who holds a valid Ohio license for one year from the last date of publication. Testimonials shall be true and shall not be false, fraudulent, deceptive or misleading.
Effective: 11/15/2007
R.C. 119.032 review dates: 08/20/2007 and 11/15/2012
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.31, 4734.285
Prior Effective Dates: 5/2/2003, 8/1/2007