3 Colo. Code Regs. § 707-1.11

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 707-1.11 - MISLEADING, DECEPTIVE, FALSE, OR UNETHICAL ADVERTISING

This Rule is promulgated pursuant to sections 12-20-204, 12-215-105(1)(a), and 12-215-115, C.R.S.

A. Chiropractors are responsible for the content of their advertising.

B. The following types of advertising constitute misleading, deceptive, false, or unethical advertising pursuant to sections 12-215-115(1)(h), (o) and (5):

1. The misleading use of a claim regarding board certification or of an unearned or non-health degree in any advertisement or any claim that is likely to cause confusion or misunderstanding as to the credentials, education, or licensure of a healthcare professional;

2. Advertising that has the effect of intimidating or exerting undue pressure;

3. Advertising that uses unsubstantiated testimonials;

4. Advertising that creates an unjustified expectation or guarantees a cure;

5. Advertising that offers gratuitous services or discounts, including but not limited to exam and x-rays, in a manner that is deceiving to the public;

6. Advertising that is otherwise misleading, deceptive, or false.

7. It must be clear to the public that the advertisement is from a doctor of chiropractic.

8. It must be clear to the public that the advertisement is from a doctor of chiropractic.

C. At the time any type of advertisement is placed, the chiropractor must possess, scientifically valid research that would substantiate the truthfulness of any assertion, omission, or claim set forth in the advertisement. Scientifically valid research includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.

3 CCR 707-1.11

42 CR 08, April 10, 2019, effective 5/25/2019

42 CR 12, June 25, 2019, effective 7/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

43 CR 18, September 25, 2020, effective 8/25/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 08, April 25, 2021, effective 5/15/2021

45 CR 22, November 25, 2022, effective 10/26/2022

45 CR 23, December 10, 2022, effective 11/11/2022

45 CR 20, October 25, 2022, effective 11/14/2022

46 CR 02, January 25, 2022, effective 1/9/2023

46 CR 20, October 25, 2023, effective 11/14/2023