N.J. Admin. Code § 13:37A-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:37A-5.1 - Advertising and solicitation practices

(a) A licensee may provide information to the public by advertising in print or electronic media pursuant to this section.

(b) The following words and terms, when used in this subchapter shall have the following meanings:

"Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media that directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services from a licensee.

"Electronic media" means radio, telephone, television, and internet.

"Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, business cards, matchbook covers, and other similar items, documents, or comparable publications.

(c) A licensee who engages in the use of advertising that contains any of the following shall be deemed to be engaged in professional misconduct:

1. Any statement, claim, or format which is false, fraudulent, misleading, or deceptive;

2. Any promotion of a professional service for which:

i. The licensee has not received education or training to perform; or

ii. The licensee claims to have developed, unless the licensee developed such service and it is taught, or has been taught, in a course offered by a provider approved by the NCBTMB, NCCAOM, American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), FSMTB, American Nurse Credentialing Center (ANCC), American Organization for Bodywork Therapies of Asia (AOBTA), American Polarity Therapy Association (APTA), American Physical Therapy Association (APTA), American Medical Association (AMA), International Association of Structural Integrators (IASI), Ida P. Rolf Research Foundation, a state board of massage, a state board of massage and bodywork, a state board of physical therapy, or a state board of chiropractic;

3. The communication of any fact, data, or information that may personally identify a client without that client's signed written permission obtained in advance; or

4. Any offer to provide services that would qualify as sexual misconduct pursuant to N.J.A.C. 13:37A-3.5.

(d) The Board may require a licensee to substantiate the truthfulness of any assertion or representation in an advertisement. Failure of a licensee to provide factual substantiation to support a representation or assertion when requested shall be deemed professional misconduct.

(e) All advertisements shall include:

1. The licensee's first name, or first initial of the first name, and the licensee's full last name;

2. The licensee's address or telephone number; and

3. The terms "N.J. Lic. #" followed by the licensee's license number.

(f) If an entity advertises under a professional name the entity must identify at least one licensee's first name, or first initial of the first name, and the licensee's full last name, license number and telephone or address.

(g) A video or audio tape, or other permanent recording for an internet advertisement, which may include screen shots of a webpage, of every advertisement communicated by electronic media shall be retained by the licensee and shall be made available for review upon request by the Board or its designee. A copy of any advertisement appearing in the print media shall also be retained by the licensee and made available for review. The tapes and print media copies required to be retained under this subsection shall be kept for a minimum period of three years from the date of the last authorized publication or dissemination of the advertisement.

(h) Licensees who are on inactive status pursuant to 13:37A-2.3(h) shall not hold themselves out to the public as State-licensed massage and bodywork therapists.

N.J. Admin. Code § 13:37A-5.1

Amended by 51 N.J.R. 1688(a), effective 11/18/2019