Section 1200-34-01-.16 - ADVERTISING(1) The vulnerability on the part of some patients concerning pain management services, and the foreseeable consequences of unrestricted advertising by pain clinics, requires that special care be taken in advertising for pain management services.(2) The following statements, acts, or omissions in the context of advertisements by or for any clinic shall not be permitted: (a) Any communication, including the use of personal testimonials, attesting to the quality of a service or treatment offered at the clinic, or the competency of those at the clinic rendering the service or treatment, with regard to potential results of any service or treatment that is not reasonably verifiable, if that communication is in exchange for consideration of any form.(b) Any communication which creates an unjustified expectation concerning the potential results of that treatment.(c) Failure of the pain management clinic to include all the following in the advertisement: 1. The licensure or certification number of the clinic as well as the official name in which the clinic is licensed;2. The name of the medical director.(d) Use of the name of any licensee formerly practicing at or associated with any pain management clinic after thirty (30) days from that licensee's departure, including use of the name on any signage for the office or building.(e) Stating or implying that a certain licensee provides, or will be providing, all services when any such services are regularly, or will be, performed by another licensee.(f) Directly or indirectly offering, giving, receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a patient in connection with the performance of professional services.(3) A copy of every advertisement, whether communicated through electronic or printed media, must be kept in as close to the original communication method as possible for at least two (2) years from the last date of communication and shall be submitted to the Department for review upon request.(4) The Medical Director is responsible for all advertising content which must also be in compliance with the rules of the Tennessee Board of Medical Examiners.Tenn. Comp. R. & Regs. 1200-34-01-.16
Emergency rule filed May 25, 2017 and effective through November 21, 2017. The emergency rule expired on November 22, 2017 and reverted to its previous status. Original rules filed August 28, 2017; effective 11/26/2017.Authority: T.C.A. §§ 63-1-311 and 63-1-317.