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New Jersey PT Advertising
Definitions related to advertising
"Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services, treatment, or goods related thereto from a Board licensee.
"Board licensee" means any individual holding a valid license issued by the New Jersey Board of Physical Therapy.
“Clinical specialist" means a licensed physical therapist who has demonstrated advanced clinical knowledge and skills by successfully completing an American Board of Physical Therapy Specialties (ABPTS) clinical specialist program and has passed a written examination in one of the physical therapy specialty areas.
"Electronic media" shall include, but not be limited to, radio, television, telephone, facsimile machine, or computer.
"Fee schedule" refers to the fees charged for services or goods offered by a licensed physical therapist.
"Graphic representation" means the use of drawings, animations, clinical photographs, dramatizations, music or lyrics.
"Print media" shall refer to newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers or other publications, the content of which is disseminated by means of the printed word.
"Routine professional service" refers to a service which a licensed physical therapist, licensed physical therapist assistant or professional association routinely performs.
Misconduct related to advertising
A licensee who engages in the use of advertising which contains any of the following shall be deemed to have engaged in professional misconduct:
Advertising making reference to or setting forth fees shall be limited to that which contains a stated fee schedule for specifically described routine professional services or goods offered by licensees.
The time period during which an advertised fee will remain in effect shall be set forth on the face of the advertisement. In the absence of such disclosure, the effective period shall be deemed to be 30 days from the date of the advertisement's final publication.
Advertising certification in a specialty area
Any licensed physical therapist advertising certification in a specialty area shall possess certification by a certifying entity and shall maintain documentary proof of certification from the entity as part of his or her records. A licensed physical therapist who advertises a specialty certification shall include the full name of the certification and the certifying entity in any advertisements and, except as provided below, shall not use initials or acronyms for the certification or certifying entity. For example, except as provided below, a licensee may indicate in advertisements that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapy Specialties but shall not indicate that he or she is an OCS certified by the ABPTS.
A licensed physical therapist who has included the full name of a certification and certifying entity in an advertisement may use initials or acronyms for that certification immediately following its full name. For example, a licensed physical therapist who indicates that he or she is an Orthopaedic Clinical Specialist certified by the American Board of Physical Therapists in an advertisement may use the acronyms OCS and ABPTS after these full names (Orthopaedic Clinical Specialist (OCS) by the American Board of Physical Therapists (ABPTS).
Advertising free or discounted services
An advertisement offering a fee reduction shall state the reduced fee and the licensed physical therapist's usual fee for each service for which a reduction is advertised. The usual fee shall be the fee charged for the advertised service for a period of not less than 90 days prior to the advertised reduction.
All offers of free services or discounts shall include a statement of the specific charges for all associated or reasonably anticipated services which are not included in the offer of free or discounted services. If the discount or free service does not apply to all services to be rendered, the advertisement shall specify any associated or reasonably anticipated services which are not included.
Except for those services specifically excluded in the advertisement offering free services, the licensed physical therapist shall not charge for any service whatsoever rendered during a period of 72 hours from the time the free service was rendered.
All testimonials involving a specific or identifiable procedure shall truthfully reflect the actual experience of the patient.
The licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial. The failure to do so, if required by the Board, may be deemed professional misconduct.
Where an advertiser directly or indirectly provides compensation to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a clear, legible and readable manner in any advertisement as follows: "COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL."
Minimum content requires in all advertising
A licensee shall include the following in all advertisements and professional representations (other than an office entry sign), including advertisements in a classified directory, business cards and professional stationery:
A licensee shall accurately and objectively represent his or her competence, education, training and experience.
A licensee shall use the designation "physical therapist" or "physical therapist assistant" or the abbreviation "PT" or "PTA" in conjunction with the use of his or her name and license number. Academic degree designations, including initials, may be placed after the name and the title.
An advertisement that includes information on professional credentials shall contain the academic degrees attained related to the practice of physical therapy and shall refer only to degrees obtained from accredited academic institutions.
Business entities offering physical therapy services
A licensee who uses or participates in the use of any form of public communication relating to a business entity offering physical therapy services shall include in that communication the name of the person holding an ownership interest in the advertising entity and the professional license held by that person. If the entity is owned by more than four (4) persons, the notice need only include the names of officers in that entity and the licenses they hold.
The responsibility for the form and content of any advertisement offering services or goods by a licensee shall be jointly and severally that of each licensed physical therapist who is a principal, partner or officer of the firm or entity identified in the advertisement.
Retaining advertising records
The licensee shall retain, for a period of three (3) years from the date of initial publication or dissemination, a copy of every advertisement appearing in print media, a video or audio tape of every advertisement communicated by electronic media, and a computer record of any advertisement posted on the internet. The licensee shall indicate on all advertisements in his or her possession the date and place of publication.
Documentation relating to the use of testimonials shall be retained for a period of three years from the date of last use of the testimonial. Documentation shall include, but not be limited to, the name, address and telephone number of the testimonial giver and the type and amount or value of compensation, if any.
NJAC §§13:39A-8.1 - 13:39A-8.7