N.J. Admin. Code § 13:35-10.11 - 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. "Advertisement" shall mean any attempt
directly or indirectly by publication, dissemination or circulation in print or
electronic media to induce directly or indirectly any person or entity to
purchase or enter into an agreement to purchase services, treatment or goods
related thereto from a licensed athletic trainer .
2. "Electronic media" shall include radio,
television, telephone, facsimile machine or computer.
3. "Fee schedule" refers to the fees charged
for services or goods offered by a licensed athletic trainer .
4. "Graphic representation" shall mean the
use of drawings, animations, clinical photographs, dramatizations, music or
lyrics.
5. "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.
6. "Routine professional service" refers to a
service that a licensed athletic trainer or professional association routinely
performs.
(b) Subject to
the limitation of (c) and (e) through (i) below, a licensed athletic trainer
may provide information to the public by advertising in print or electronic
media.
(c) A licensed athletic
trainer who engages in the use of advertising that contains any of the
following shall be deemed to have engaged in professional misconduct:
1. Any statement, claim or format including a
graphic representation that 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
that the licensed athletic trainer knows or should have known is improper or
prevents an athlete 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 those ordinarily performed or used in the
profession;
5. Any promotion of
professional service that the licensed athletic trainer knows or should know is
beyond the licensed athletic trainer 's ability to perform;
6. A technique or communication that appears
to intimidate, exert undue pressure or to unduly influence an
athlete ;
7. Any personal
testimonial attesting to the quality or competence of service or treatment by a
licensed athletic trainer involving medical or technical assessments that are
beyond the athlete 's competency to assess, or any testimonial not in compliance
with 13:35-10.13;
8. The communication of any fact, data or
information that may personally identify an athlete without the athlete '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 an
athlete ;
10. Any print, language or
format that directly or indirectly obscures a material fact; or
11. Any guarantee of results from any
procedure.
(d) The Board
may require a licensed athletic trainer to substantiate the truthfulness of any
assertion or representation set forth in an advertisement.
(e) Any violations of (f) through (i) below
shall be deemed professional misconduct.
(f) A licensed athletic trainer shall not
engage, either directly or through the use of any agent, employee or
representative, in solicitation of an athlete . This subsection shall not
prohibit a licensed athletic trainer from offering services through materials
provided to a community service organization that makes known the availability
of all professional services listed; nor shall it prohibit the offering of
services by a licensed athletic trainer to any bona fide representative of an
athlete including, employers, labor union representatives or insurance
carriers.
(g) Advertising making
reference to or setting forth fees shall be limited to a stated fee for
specifically described routine professional services or goods offered by
licensed athletic trainers.
1. A licensed
athletic trainer 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 athletes.
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.
(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
athletic trainer advertising a specialty certification shall have been
certified by a certifying entity and shall maintain documentary proof of
certification from the entity as part of his or her records. A licensed
athletic trainer who advertises a specialty certification shall include the
full name of the certification and the certifying entity in any advertisements
and shall not use initials or acronyms for the certification or certifying
entity. For example, a licensed athletic trainer may indicate in advertisements
that he or she is a Certified Strength and Conditioning Specialist certified by
the National Strength and Conditioning Association but shall not indicate that
he or she is a CSCS certified by the NSCA.
Notes
See: 43 N.J.R. 26(a), 44 N.J.R. 104(a).
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