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C."Advertising" or "advertisement" as used in this Section shall include, but not be limited to, any communication to the public including communication by means of newspaper, magazines, circulars, direct mail, directories, radio, television, billboards and "Internet advertising." The disclosures required to be given by this Section shall be made clearly, conspicuously, and in meaningful sequence. In the case of written advertisement, the terms "limited eligibility" and "personal liability" shall be in all capital letters and shall be printed more conspicuously than other terminology required by this Section and shall in no event be printed in less than the equivalent of 10-point type, 0.075 inch computer type or elite size. In the case of television advertising, the required disclosure shall be made by both audio and visual transmission. All such disclosures shall be made in the English language.

D....

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2816.F.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 15:963 (November 1989), amended LR 35:

§310.Accident and Disaster Solicitation

A.On the outside of each solicitation letter in 10-point bold type at the bottom left hand corner of the envelope, there will be printed in red, capital letters, THIS IS AN ADVERTISEMENT.

B.On the body of each solicitation letter, in the same type size as the letter, shall be contained the following paragraph in red lettering.

NOTICE: THIS IS AN ADVERTISEMENT. Your name and address and information relative to the accident in which you were involved were acquired from police documents. You are under no obligation to respond to this letter. Recipients of this advertisement should understand the importance of employing a health care provider and inquiry into the doctor’s qualifications and experience is recommended.

C. - F....

G.Telemarketing, telephonic solicitation, digital communication by phone or communication by licensees and/or chiropractic facilities and their employees, or agents, by contract or otherwise, to victims of accidents or disaster shall be considered unethical if carried out within 30 days of the accident or disaster, and subject the licensee and/or chiropractic facility to action pursuant to R.S. 37:2804.

H.Telemarketing, telephonic solicitation, digital communication by phone or communication transcripts shall be regulated by the board and such transcripts shall be submitted to the board 60 days prior to use. The board shall reject or accept the transcript within 60 days of receipt by the board office. If the transcript is rejected, the board shall give the reasons for its rejection. No solicitation under this section may be used until approved by the board.

I.The telemarketing, telephonic solicitation, digital communication by phone or communication transcripts, taped and/or digital recordings of the solicitation shall be maintained for a period of three years following their utilization. A log of the contact information and date of contact must be maintained for a period of three years, following the telemarketing encounter. Transcripts and logs shall be made available to the board upon request within 10 business days.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2816.F.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 20:433 (April 1994), amended LR 35:

§318.Specialty Register

Repealed.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2801.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 18:1378 (December 1992), amended LR 22:192 (March 1996), repealed LR 35:

§320.Specialty Advertising

A.The use of the terms or form of these terms, "specialize in" or "specialist," or the use of the letters indicating a decree or specialization on stationary, letterhead, business cards or other such publication is considered advertising for the purposes of this Section. Generally recognized academic credentials such as B.A., B.S., M.S., J.D., M.D., Ph.D., etc. are exempted from this Rule when awarded by a college or university fully accredited by an association recognized by the Department of Health, Education and Welfare.

B.Only those licensees holding the final certification in postgraduate training and certification programs may hold themselves out to the public as possessing special knowledge skills or training. A licensee who utilizes any advertisement, which states that a licensee has special training or skills or is certified in a specialty that does not comply with B.1.a-d, is engaged in deceptive and misleading advertising practices.

1.Specialty training must meet the following criteria. The course of study must:
a.be conducted under the auspices of and taught by the postgraduate faculty of the chiropractic college fully accredited by the Council on Chiropractic Education;
b.consist of a minimum of 300 hours;
c.require completion of the certification examination given by a board independent of the entity which taught the course; and
d.meet such other criteria as the board deems appropriate.
2.The National Board of Chiropractic Examiners does not engage in specialty testing. The use of the designation, "Diplomate of the National Board of Chiropractic Examiners," or any derivative thereof, may give the false impression of certification or credentials beyond that required of all chiropractic licenses and is considered deceptive and misleading by the Board of Chiropractic Examiners.

C.The use of the terms or form of these terms, "certified in" or "certified by," or the use of the letters indicating a degree or certification on stationery, letterhead, business cards or other such publication is considered advertising for the purpose of this Section.

D.Only those licensees holding the final certification in postgraduate training and certification programs may hold themselves out to the public as possessing special knowledge, skills or training. A licensee who utilizes any advertisement, which states that a licensee has special training or skills or is certified in a specialty that does not comply with D.1.a.-d., is engaged in deceptive and

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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