Section Ch 406.04 - Obligation to Advertise Truthfully and Clearly(a) If a licensee chooses to advertise his or her chiropractic services, he or she shall do so in written, spoken or recorded messages which are: (1) Complete and truthful;(2) Not intended or having the effect to defraud or deceive the reader or listener;(3) Not intended or having the effect to mislead or confuse the reader or listener; and(4) Without ambiguity and stated in clear and simple language that a lay person with reasonable ability to comprehend when reading or listening would be able to understand without assistance.(b) Messages deemed by the board to violate (a) above shall include but not be limited to, messages: (1) Intended or likely to create a false expectation of the favorable results from chiropractic treatment;(2) Intended or likely to create a false expectation of the cost of treatment or the amount of treatment to be provided; or(3) Likely to deceive or mislead because in context they represent only a partial disclosure of the conditions and relevant facts of the extent of treatment the licensee expects to provide.(c) If a licensee in his or her advertising makes a claim based on one or more research studies, the licensee shall clearly identify the relevant research study or studies and make copies of such research studies available to the board upon request.(d) The effect of (a) through (c) above shall be to impose the obligations therein upon the licensee even if the advertising is done on behalf of the licensee by the licensee's employee or a student being mentored by the licensee.N.H. Admin. Code § Ch 406.04
#8739, eff 10-11-06; ss by #9451, eff 4-7-09
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12200, Effective 6/5/2017, Expires12/2/2017.Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12431, Effective 12/8/2017, Expires 12/8/2027.