1. (a) License number on print advertising. Except as provided for in subsection (b) of this section, all written advertising communicated by any means or medium which is authorized, procured, promulgated, or used by any acupuncturist shall reflect the current Texas acupuncture license number of the acupuncturist who authorized, procured, promulgated, or used the advertisement and/or is the subject of the advertising. In the event that more than one acupuncturist authorizes, procures, promulgates, uses, and/or is the subject of the advertising, each such acupuncturist shall ensure that any such print medium reflects the current Texas acupuncture license number of the acupuncturist.

2. (b) Exceptions. The following forms of advertising shall be exempt from the provisions of subsection (a) of this section:

   1. (1) business cards;
   2. (2) office, clinic, or facility signs at the office, clinic, or facility location;
   3. (3) single line telephone listings; and
   4. (4) billboard advertising.

3. (c) Misleading or deceptive advertising. Acupuncturists shall not authorize or use false, misleading, or deceptive advertising, and, in addition, shall not engage in any of the following:

   1. (1) hold themselves out as a physician or surgeon or any combination or derivative of those terms unless also licensed by the medical board as a physician or surgeon as defined under the Medical Practice Act, §1.03 (concerning Definitions);
   2. (2) use the terms "board certified" unless the advertising also discloses the complete name of the board which conferred the referenced certification; or
   3. (3) use the terms "board certified" or any similar words or phrases calculated to convey the same meaning if the advertised board certification has expired and has not been renewed at the time the advertising in question was published, broadcast, or otherwise promulgated.

Source Note:The provisions of this §183.21 adopted to be effective December 12, 1996, 21 TexReg 11787.