Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 77. ADVERTISING AND PUBLIC COMMUNICATION
The Texas Board of Chiropractic Examiners (Board) proposes an amendment to rule §77.2 of this title, relating to publicity, to provide clearer standards, particularly with regards to telemarketing, testimonials, and multidisciplinary clinics.
In preparing this rule, the Board looked at the Florida Board of Chiropractic Medicine's rule on solicitation, Fla. Admin. Code 64B2-15.002, and the New Mexico Board of Chiropractic Examiners' rule for advertising, N.M. Code R. §16.4.1.12.
The existing rule would be labeled as subsection (a) and amended to clarify that the rule applies both to registered facilities as well as licensees. The new subsection (b) would stipulate that public communications must not describe services inconsistent with the scope of chiropractic as described under §75.17 of this title, relating to scope of practice.
The new subsection (c) would address telemarketing and is modeled after the New Mexico rule. Telemarketing is the practice of placing telephone calls to offer services to a list of prospective patients. A licensee or registered facility engaging in telemarketing directly, or through an agent, would be prohibited from misrepresenting themselves as being associated with an insurance company or another doctor of chiropractic or another chiropractic group or facility. Telemarketing could not include a promise of successful chiropractic treatment. At the start of each call, a person making a telemarketing call would be required to identify themselves and state who they represent. A licensee or registered facility would be required to keep for a minimum of two years each script used for a telemarketing call and a log of all calls made that must include the date, telephone number, and the name of each person called.
Under subsection (d), licensees or registered facilities would be required to keep for two years a signed statement that was used to support any statements used in any public communication.
Under subsection (e), licensees or registered facilities would be required to clearly differentiate a chiropractic office, clinic, or facility from another business or enterprise in any form of public communication. This is a restatement of Texas Occupation Code §201.502(a)(19), relating to grounds for refusal, revocation, or suspension of license. Under subsection (f), licensees would be required to identify themselves as either a "doctor of chiropractic" ,"DC," or "chiropractor." This is based on Texas Occupations Code §201.002(b)(4), relating to practice of chiropractic, and §75.1(a)(2) of this title, relating to grossly unprofessional conduct. Subsection (f) would also stipulate that if each licensee at a registered facility has identified themselves as required, then the facility name need not include "Chiropractic" or similar language.
Glenn Parker, Executive Director, has determined that for the first five-year period this amendment is in effect there will be no additional costs to local governments as a result of enforcing or administering the revised rule. The Board of Chiropractic Examiners may incur a slight but not fiscally significant increase in enforcement costs associated with the new sections of this rule.
Mr. Parker has also determined that for each year of the first five-year period the amendment is in effect the public benefit will be a reduction in potentially false, deceptive or misleading telemarketing calls made to members of the public by doctors of chiropractic or their agents. Mr. Parker has determined that licensees and their agents may incur small annual expenses (estimated at less than $100 annually) related to the requirements to keep and maintain for at least two years copies of all telemarketing scripts and logs containing information about persons called, their telephone numbers, and the dates of the calls. There will be no effect on small or micro businesses, excluding chiropractic clinics and their agents.
Comments on the proposed amendments may be submitted to Glenn Parker, Executive Director, Texas State Board of Chiropractic Examiners, 333 Guadalupe St. Tower III Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than 30 days from the date that this amendment is published in the Texas Register.
The amendment is proposed under the Texas Occupations Code, §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
No other statutes, articles, or codes are affected by the proposed rule
§77.2.Publicity.
(a) A registered facility or licensee shall not, on behalf of himself, his partner, associate, or any other licensee or facility affiliated with him, use or participate in the use of any form of public communication which contains a false, fraudulent, misleading, deceptive, or unfair statement of claim, or which has the tendency or capacity to mislead or deceive the general public.
(b) In any form of public communication, a licensee or registered facility shall not describe services that are inconsistent with the practice of chiropractic as described under §75.17 of this title, relating to scope of practice.
(c) A licensee or registered facility engaging in, or authorizing another to engage in telemarketing of prospective patients shall not misrepresent to the person called any association with an insurance company or another doctor of chiropractic or another chiropractic group or facility.
(1) A licensee, registered facility, or their agent, engaging in telemarketing shall not promise successful chiropractic treatment of injuries or make any other communication which would be prohibited under subsection (a) of this section.
(2) A licensee, registered facility, or their agent, engaging in telemarketing are required, at the start of each call, to inform the person called who they are (caller's name) and who they represent (clinic/doctor).
(3) A licensee or registered facility engaging in telemarketing, either directly or through an agent, shall keep a copy of each script used for calling and a log of all calls made that shall include the date, telephone number, and the name of each person called. Such scripts and logs shall be maintained for a minimum of two years.
(d) Licensees or registered facilities that intend to include a testimonial as part of any form of public communication shall maintain a signed statement from that person or group to support any statements that may be used in any public communication for a minimum of two years from publication of the testimonial.
(e) Licensees or registered facilities shall clearly differentiate a chiropractic office, clinic, or facility from another business or enterprise in any form of public communication.
(f) Licensees shall identify themselves as either "doctor of chiropractic," "DC," or "chiropractor" in all forms of public communication. If each licensee that practices in a registered facility has identified themselves as required above, then the facility name need not include "chiropractic" or similar language.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 25, 2007.
TRD-200702652
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 305-6901