1. (a) A registered facility or licensee shall not, on behalf of himself, his partner, associate, or any other licensee or facility affiliated with him, use or participate in the use of any form of public communication which contains a false, fraudulent, misleading, deceptive, or unfair statement of claim, or which has the tendency or capacity to mislead or deceive the general public.
2. (b) In any form of public communication, a licensee or registered facility shall not describe services that are inconsistent with the practice of chiropractic as described under §75.17 of this title, relating to scope of practice.

3. (c) A licensee or registered facility engaging in, or authorizing another to engage in telemarketing of prospective patients shall not misrepresent to the person called any association with an insurance company or another doctor of chiropractic or another chiropractic group or facility.

   1. (1) A licensee, registered facility, or their agent, engaging in telemarketing shall not promise successful chiropractic treatment of injuries or make any other communication which would be prohibited under subsection (a) of this section.
   2. (2) A licensee, registered facility, or their agent, engaging in telemarketing are required, at the start of each call, to inform the person called who they are (caller's name) and who they represent (clinic/doctor).
   3. (3) A licensee or registered facility engaging in telemarketing, either directly or through an agent, shall keep a copy of each script used for calling and a log of all calls made that shall include the date, telephone number, and the name of each person called. Such scripts and logs shall be maintained for a minimum of two years.
4. (d) Licensees or registered facilities that intend to include a testimonial as part of any form of public communication shall maintain a signed statement from that person or group to support any statements that may be used in any public communication for a minimum of two years from publication of the testimonial.
5. (e) Licensees or registered facilities shall clearly differentiate a chiropractic office, clinic, or facility from another business or enterprise in any form of public communication.
6. (f) Licensees shall identify themselves as either "doctor of chiropractic," "DC," or "chiropractor" in all forms of public communication. If each licensee that practices in a registered facility has identified themselves as required above, then the facility name need not include "chiropractic" or similar language.
7. (g) In any form of public communication using the phrase "Board Certified" or similar terminology associated with any credentials, a licensee must identify the board certifying said credentials.

Source Note:The provisions of this §77.2 adopted to be effective April 8, 1996, 21 TexReg 2541; amended to be effective October 3, 2007, 32 TexReg 6782; amended to be effective June 23, 2011, 36 TexReg 3722.