N.H. Admin. Code § 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.
Notes
#8739, eff 10-11-06; ss by #9451, eff 4-7-09
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