Rule 77.5 – Repeal – Misleading Claims
Wednesday, September 17, 2014 10:39 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) A person advertising chiropractic services shall not use false, deceptive, unfair or misleading advertising, including, but not limited to:

  (1) claims intended or reasonably likely to create a false expectation of the favorable results from chiropractic treatment;

  (2) claims intended or reasonably likely to create a false expectation of the cost of treatment or the amount of treatment to be provided;

  (3) claims reasonably likely to deceive or mislead because the claims in context represent only a partial disclosure of the conditions and relevant facts of the extent of treatment the licensee expects to provide;

  (4) claims that state or imply chiropractic services provide a cure for any condition;

  (5) claims that chiropractic services cure or lessen the effects of ailments, injuries or other disorders of the human body which are outside the scope of chiropractic practice as defined by Chapter 201 of the Occupations Code and Title 22, Part 3 of the Texas Administrative Code;

  (6) claims that state or imply the results of chiropractic services are guaranteed; or

  (7) claims that chiropractic services offer results that are not within the realm of scientific proof beyond testimonial statements or manufacturer's claims.

(b) Subsection (a)(2) of this section is not meant to be applicable to circumstances where the cost or amount of treatment varies from an original quotation or advertisement by a reasonable amount.

(c) The standard to be used in determining whether a violation of this rule has taken place is the generally accepted standards of care within the chiropractic profession in Texas.