(c) Advertising/marketing by doctors of chiropractic:

1. (1) Should conform to professional standards; and

2. (2) Shall be truthful and not:

   1. (A) Misleading;
   2. (B) Deceptive;
   3. (C) Fraudulent; or
   4. (D) Dishonest.

(d)

1. (1) Advertising of X-ray services restricted.
2. (2) Unnecessary exposure to X-rays or other ionizing radiation is considered by all reputable health agencies and organizations to be potentially hazardous to the public.
3. (3) Lay persons generally lack the technical knowledge to determine the need for X-ray examination and must rely upon the training, knowledge, and judgment of the attending physician.
4. (4) The Arkansas State Board of Chiropractic Examiners therefore considers it to be unprofessional and not in the public interest for chiropractic physicians to overutilize X-ray services.
5. (5) Advertising free X-ray services without explanation of need or otherwise implying indiscriminate use of X-radiation is prohibited.

(f) Limitations to advertising/marketing free or reduced charges.

1. (1) The offering by doctors of chiropractic in advertisements or other solicitations to the public of initial services at no charge or at reduced charges shall be considered misleading or untruthful if, at the time of such advertised no-charge or reduced-charge visit, charges are made to the patient’s account for services not specified in such advertisement or solicitation and that are provided on the same visit or same day and are hidden to the patient or not explained in advance to the patient.

2. (2) The patient and any other person responsible for payment has the right to refuse to pay or cancel payment or be reimbursed for payment for any service, examination, or treatment that is performed as a result of and within seventy-two (72) hours of responding to advertising for free service examination or treatment unless before any service, examination, or treatment is provided that patient and any other person responsible for payment enters into a written agreement consenting to be charged for said:

   1. (A) Service;
   2. (B) Examination; or
   3. (C) Treatment.
3. (3) Nothing in this subsection is meant to prohibit or restrict the rendering of emergency or acute care provided the above restrictions are observed.

(h)

1. (1) No person licensed by the board may state or imply by any advertising or printed matter that said licensee is practicing any other licensed, regulated, or recognized profession unless said licensee is actually qualified and, where required, licensed or registered to practice such other profession.
2. (2) Example. A licensee may not list “physical therapy” unless said individual is also licensed as a registered physical therapist.

(i) Limitations to advertising series treatments.

1. (1) All healthcare professions recognize that:

   1. (A) Treatment needs vary for different conditions; and
   2. (B) Treatment plans must be individualized according to the specific needs of each patient.

2. (2)

   1. (A) The board therefore interprets it to be deceptive advertising for a chiropractic physician to advertise or otherwise solicit for patronage in any manner that:

(i) States or implies a standardized approach for different conditions; or

1. (ii) Otherwise may be construed to imply that a standard of care is being offered that is either below or in excess of that actually required by the patient.

   1. (B) Example. An advertisement reading similar to "20 treatments for $xx.xx" might be considered overutilization of care for a simple muscle strain.

(j) Testimonial advertising.

1. (1) The use of testimonials, whether single or in groups, summaries of type of treatment, or examples of treatment as used in the advertiser's office carry with them an implication that the conditions described in the advertisement have been or will be helped by the practitioner.
2. (2) Therefore, before an advertisement is produced, distributed, or displaced, a practitioner who requests from a patient a testimonial to the treatment or modalities used by the practitioner must obtain written consent and have a signed release form from the patient to be kept in the patient's file.
3. (3) The patient has the right to review the advertisements that use the patient's statements, likeness, or case summaries before the advertisements are released for production, distribution, or displaying.
4. (4) Statements made by patients that are untruthful or misleading may not be used even if the patient made the statements.

(k) Telephone communication, including advertising/marketing.

1. (1)

   1. (A) Any agent, procurer, contractor, or employee communicating with a prospective patient on behalf of a chiropractic physician shall disclose how the agent, procurer, contractor, or employee obtained the prospective patient’s information.

   2. (B) The agent, procurer, contractor, or employee must communicate:

      1. (i) His or her legal name;
      2. (ii) The name of the particular chiropractic physician on whose behalf the communication is being made; and
      3. (iii) That he or she is an agent, procurer, contractor, or employee of the particular chiropractic physician.

   3. (C) Unless such communication of the agent, procurer, contractor, or employee is true and evidence of the same is on file with the board, the agent, procurer, contractor, or employee shall not state that he or she practices or is employed as an attorney, an insurance adjuster, a chiropractor, and is not employed in the fields of:

      1. (i) Law;
      2. (ii) Health care;
      3. (iii) Law enforcement;
      4. (iv) Private investigation; or
      5. (v) Insurance.

2. (2) When direct in-person solicitation is made by an agent, procurer, contractor, or employee of the chiropractor, in addition to the requirements set forth in subsection (k) of this section, the agent, procurer, contractor, or employee shall:

   1. (A) Show the person being solicited a photo ID with their legal name and the name of the chiropractic physician on whose behalf the solicitation is being made; and

   2. (B)

      1. (i) Dispense a professional card bearing his or her legal name, and the name, address, and telephone number of the licensed chiropractic physician on whose behalf the solicitation is being made.
      2. (ii) Such professional card shall be:

(b) (b) Left with the person regardless of whether the person being solicited accepts the solicitation request.

1. (3)

   1. (A) The licensee employing an agent, procurer, contractor, or employee for purposes of soliciting new patients shall file, in a format approved by the board, a registration form that includes the procurer’s full legal name, permanent home address, and business and/or personal telephone number solely used for client communication purposes, a copy of the procurers’ driver’s license or state-issued photo ID, and a copy of their written contract before the procurer acts on the chiropractor’s behalf.

   2. (B)

      1. (i) Each procurer registration shall terminate on December 31.
      2. (ii) The chiropractic physician shall register each procurer annually.
      3. (iii) The chiropractor is required to provide the board with updated procurer registration information should any of it change during the year.
      4. (iv) All registered phone numbers and pictures of the procurers will be made public on the board’s website to be as transparent as possible.
      5. (v) The chiropractic physician is responsible to the board for the content of the contact, including prohibited statements made or required statements not made, as well as for any action that is foreseeable in a telephone or in-person encounter.

   3. (C)

      1. (i) Telephone solicitation/marketing of victims of accidental injury and that are conducted on behalf of chiropractic physicians shall be made in substantial conformance to a written script that is considered by the board to have been specifically approved by the chiropractic physician.
      2. (ii) The chiropractic physician shall be required to maintain such scripts for a period of two (2) years following their utilization.
      3. (iii) Scripts are to be made available for review upon request by the board or its designee.

   4. (D)

      1. (i) Agents, procurers, contractors, or employees of chiropractic physicians who solicit victims of accidental injury shall keep a log of all solicitation calls made, including at minimum the:

(b) (b) Date and time of the phone call.

1. (ii) These logs shall be kept for a period of five (5) years.