N.J. Admin. Code § 13:39A-8.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:39A-8.1 - Advertising and solicitation practices

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.

1. The term "advertisement" means 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 goods related thereto from a Board licensee.

2. "Board licensee" means any individual holding a valid license issued by the New Jersey Board of Physical Therapy.

3. The term "clinical specialist" means a licensed physical therapist who has demonstrated advanced clinical knowledge and skills by successfully completing an American Board of Physical Therapy Specialties (ABPTS) clinical specialist program and has passed a written examination in one of the physical therapy specialty areas.

4. The term "electronic media" shall include, but not be limited to, radio, television, telephone, facsimile machine, or computer.

5. The term "fee schedule" refers to the fees charged for services or goods offered by a licensed physical therapist.

6. The term "graphic representation" means the use of drawings, animations, clinical photographs, dramatizations, music or lyrics.

7. The term "print media" shall refer to newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers or other publications, the content of which is disseminated by means of the printed word.

8. "Routine professional service" refers to a service which a licensed physical therapist, licensed physical therapist assistant or professional association routinely performs.

(b) A licensee may provide information to the public by advertising in print or electronic media.

(c) A licensee who engages in the use of advertising which contains any of the following shall be deemed to have engaged in professional misconduct:

1. Any statement, claim or format including, but not limited to, a graphic representation which is false, fraudulent, misleading or deceptive;

2. Any misrepresentation of a material fact;

3. The suppression, omission or concealment of any material fact under circumstances which the licensee knows or should have known is improper or prevents a prospective patient from making a full and informed judgment on the basis of the information set forth in the advertisement;

4. Any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the profession;

5. Any promotion of professional service that the licensee knows or should know is beyond the licensee's ability to perform;

6. A technique or communication which appears to intimidate, exert undue pressure or to unduly influence a prospective patient or consumer;

7. Any personal testimonial attesting to the quality or competence of service or treatment by a licensee involving medical or technical assessments that are beyond the patient's competency to assess, or any testimonial not in compliance with 13:39A-8.3;

8. The communication of any fact, data or information that may personally identify a patient without the patient's signed written permission obtained in advance;

9. An offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient;

10. Any print, language or format that directly or indirectly obscures a material fact; or

11. Any guarantee of results from any procedure.

(d) Any violations of (e) through (i) below shall be deemed professional misconduct.

(e) The Board may require a licensed physical therapist to substantiate the truthfulness of any assertion or representation set forth in an advertisement.

(f) A licensee shall not engage, either directly or through the use of any agent, employee or representative, in solicitation of a prospective patient or a consumer. This subsection shall not prohibit a licensed physical therapist from offering services through materials provided to a community service organization which makes known the availability of all professional services listed; nor shall it prohibit the offering of services by a licensed physical therapist to any bona fide representative of prospective patients including, but not limited to, employers, labor union representatives or insurance carriers.

(g) Advertising making reference to or setting forth fees shall be limited to that which contains a stated fee schedule for specifically described routine professional services or goods offered by licensees.

1. A licensee who advertises a fee shall disclose all relevant and material variables and considerations that are ordinarily included in such a service so that the fee will be clearly understood by prospective patients or consumers.

2. In the absence of such disclosure referred to in (g)1 above, the stated fees shall be presumed to include everything ordinarily required for such a service. No additional charges shall be made for an advertised service unless the advertisement specifically delineates the additional services contemplated and the fee to be charged therefor.

(h) The time period during which an advertised fee will remain in effect shall be set forth on the face of the advertisement. In the absence of such disclosure, the effective period shall be deemed to be 30 days from the date of the advertisement's final publication.

(i) Any licensed physical therapist advertising certification in a specialty area shall possess certification by a certifying entity and shall maintain documentary proof of certification from the entity as part of his or her records. A licensed physical therapist who advertises a specialty certification shall include the full name of the certification and the certifying entity in any advertisements and, except as provided in (j) below, shall not use initials or acronyms for the certification or certifying entity. For example, except as provided in (j) below, a licensee may indicate in advertisements that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapy Specialties but shall not indicate that he or she is an OCS certified by the ABPTS.

(j) A licensed physical therapist who has included the full name of a certification and certifying entity in an advertisement pursuant to (i) above may use initials or acronyms for that certification immediately following its full name. For example, a licensed physical therapist who indicates that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapists in an advertisement may use the acronyms OCS and ABPTS after these full names (Orthopaedic Clinical Specialist (OCS) by the American Board of Physical Therapists (ABPTS).

N.J. Admin. Code § 13:39A-8.1

Amended by R.2001 d.239, effective 7/16/2001.
See: 33 N.J.R. 1309(a), 33 N.J.R. 2483(a).
In (e), inserted "licensed" following "require a" and deleted the second sentence.
Amended by R.2007 d.21, effective 1/16/2007.
See: 38 N.J.R. 2990(a), 39 N.J.R. 222(a).
In the introductory paragraph of (a), inserted a comma following "section"; in (a)5 and (a)8, inserted "licensed" three times; and in (i), deleted "or other Board-recognized national certifying body".
Amended by R.2010 d.098, effective 6/21/2010.
See: 41 N.J.R. 1161(a), 42 N.J.R. 1234(a).
Rewrote (i); and added (j).