(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
13:37A-2.3(h) shall not hold themselves out to
the public as State-licensed massage and bodywork therapists.
