(a) A
licensee may provide information to the public by advertising in print or
electronic media pursuant to this section.
(b) The following words and terms, when used
in this subchapter shall have the following meanings:
"Advertisement" means any attempt directly or indirectly by
publication, dissemination, or circulation in print or electronic media that
directly or indirectly induces or attempts to induce any person or entity to
purchase or enter into an agreement to purchase services from a
licensee.
"Electronic media" means radio, telephone, television, and
internet.
"Print media" means newspapers, magazines, periodicals,
professional journals, telephone directories, circulars, handbills, flyers,
billboards, signs, business cards, matchbook covers, and other similar items,
documents, or comparable publications.
(c) A licensee who engages in the use of
advertising that contains any of the following shall be deemed to be engaged in
professional misconduct:
1. Any statement,
claim, or format which is false, fraudulent, misleading, or
deceptive;
2. Any promotion of a
professional service for which:
i. The
licensee has not received education or training to perform; or
ii. The licensee claims to have developed,
unless the licensee developed such service and it is taught, or has been
taught, in a course offered by a provider approved by the NCBTMB, NCCAOM,
American Massage Therapy Association (AMTA), Associated Bodywork and Massage
Professionals (ABMP), FSMTB, American Nurse Credentialing Center (ANCC),
American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity
Therapy Association (APTA), American Physical Therapy Association (APTA),
American Medical Association (AMA), International Association of Structural
Integrators (IASI), Ida P. Rolf Research Foundation, a state board of massage,
a state board of massage and bodywork, a state board of physical therapy, or a
state board of chiropractic;
3. The communication of any fact, data, or
information that may personally identify a client without that client's signed
written permission obtained in advance; or
4. Any offer to provide services that would
qualify as sexual misconduct pursuant to
N.J.A.C.
13:37A-3.5.
(d) The Board may require a licensee to
substantiate the truthfulness of any assertion or representation in an
advertisement. Failure of a licensee to provide factual substantiation to
support a representation or assertion when requested shall be deemed
professional misconduct.
(e) All
advertisements shall include:
1. The
licensee's first name, or first initial of the first name, and the licensee's
full last name;
2. The licensee's
address or telephone number; and
3.
The terms "N.J. Lic. #" followed by the licensee's license number.
(f) If an entity advertises under
a professional name the entity must identify at least one licensee's first
name, or first initial of the first name, and the licensee's full last name,
license number and telephone or address.
(g) A video or audio tape, or other permanent
recording for an internet advertisement, which may include screen shots of a
webpage, of every advertisement communicated by electronic media shall be
retained by the licensee and shall be made available for review upon request by
the Board or its designee. A copy of any advertisement appearing in the print
media shall also be retained by the licensee and made available for review. The
tapes and print media copies required to be retained under this subsection
shall be kept for a minimum period of three years from the date of the last
authorized publication or dissemination of the advertisement.
(h) Licensees who are on inactive status
pursuant to
N.J.A.C.
13:37A-2.3(h) shall not
hold themselves out to the public as State-licensed massage and bodywork
therapists.
