Section 130.51 - Advertising(a) A practitioner may advertise. A practitioner must not use or participate in the use of any publication, including advertisements, news stories, press releases, and periodical articles, that contains a false, misleading, or deceptive statement.(b) A practitioner must not include any of the following types of statements in any advertisements or press releases: (1) a misrepresentation of fact, or claims as fact something that has not been generally accepted among the podiatric community or by the department as having been proven or established as fact;(2) a statement that is likely to mislead or deceive or entice or persuade a reasonable person because it fails to make full disclosure of relevant facts whether regarding fees, modes of treatment, conditions or techniques of surgery, post-operative conditions such as degree of pain, length of time of recovery, mobility and strength during recovery, and the like;(3) a statement that is intended or likely to create in a reasonable person false or unjustified expectations of favorable results;(4) a laudatory statement, or other statement or implication that the practitioner's services are of exceptional quality;(5) statistical data or information that reflects or is intended to reflect quality or degree of success of past performance, or prediction of future success;(6) a representation that podiatric services can or will be completely performed for a stated fee amount when this is not the case, or makes representations with respect to fees that do not disclose all variables affecting the fees, or makes representations that might cause a reasonable person to misunderstand or be deceived about the fee amount;(7) a representation that health care insurance deductibles or co-payments may be waived or are not applicable to health care services to be provided if the deductibles or co-payments are required; or(8) a representation that the benefits of a health benefit plan will be accepted as full payment when deductibles or co-payments are required.(c) Information contained in a public communication by a practitioner may include, but is not limited to the following:(1) name, address, telephone numbers, office hours, and telephone-answering hours;(2) biographical and educational background;(3) professional memberships and attainments and certifications, subject to the provisions of subsection (e);(4) description of services offered, subject to the provisions of subsection (f);(5) foreign language ability;(6) acceptable credit arrangements, subject to the provisions of subsection (b)(2) and (b)(6);(7) the limitation of practice to certain areas of podiatric medicine;(8) the opening or change in location of any office and change in personnel;(9) fees charged for the initial consultation, provided that any limitation on the time for the consultation must be stated;(10) fixed fees for specific podiatric treatments and services, subject, however, to the provisions of subsection (b)(2) and (b)(6); and(11) a statement that a schedule of fees or an estimate of fees to be charged for specific treatments or services will be available on request.(d) All practitioners must retain recordings, transcripts, or copies of all public communications by date of publication for a period of at least two years after such communication was made.(e) A practitioner may advertise or publish the name of any board of certification under which the practitioner has fully and validly become certified, provided that the full name of the certifying board is included in the publication.(f) A practitioner must not list in any type of advertisement or public communication any certifying board that is not approved or recognized by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(g) The terms "board eligible", "board qualified", or any similar words or phrase calculated to convey the same meaning must not be used in advertising.(h) If a publication by or for a practitioner mentions a particular surgical technique or device, the publication must also include a specific and true statement that reveals the limits, scope, and specific purpose of the technique or device so as not to mislead a reasonable person regarding the difficulty, pain or discomfort, length of time for surgery or recuperation, or possibility of complications.16 Tex. Admin. Code § 130.51
The provisions of this §130.51 adopted to be effective July 5, 2006, 31 TexReg 5292; Transferred from Title 22 Chapter 376 by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4145, eff. 9/1/2017; Amended by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6959, eff. 11/1/2018; Amended by Texas Register, Volume 44, Number 35, August 30, 2019, TexReg 4728, eff. 9/1/2019; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9546, eff. 12/1/2024