ADVERTISING
§ 29.31. Advertising.
(a) A podiatrist may advertise in any lawful medium.
(b) Advertising that is false, misleading or deceptive is prohibited.
(c) A podiatrist may indicate or list areas of podiatry which the podiatrist practices.
(d) A podiatrist who is certified by a specialty board approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association may advertise that the podiatrist is so certified or specializes in the area of practice.
(e) A podiatrist who advertises that the podiatrist specializes in an area or is certified by a specialty board not approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association shall include the following statement in the advertisement: ‘‘This certification (or area of specialization) is not sanctioned by the State Board of Podiatry.’’ This statement shall immediately follow the advertisement and shall be as prominent as the claim of specialization or certification.
(f) A podiatrist may advertise as a ‘‘podiatrist’’ or ‘‘foot specialist,’’ or ‘‘surgeon podiatrist,’’ or ‘‘surgeon podiatrist and foot specialist,’’ or advertise the practice as ‘‘foot ailments.’’ The use of the term ‘‘orthopedic,’’ whether as a statement of an area of practice or as part of a claim of specialization or certification shall be confined to ‘‘podiatric orthopedics.’’ The following are examples of permissible uses of the term ‘‘orthopedic’’: ‘‘John Smith, D.P.M., Practice limited to podiatric orthopedics.’’ ‘‘Jane Smith, D.P.M., Certified by the American Board of Podiatric Orthopedics.’’ ‘‘John Doe, D.P.M., Specialist in Podiatric Orthopedics.’’ The following are examples of impermissible uses of the term ‘‘orthopedic’’: ‘‘Jane Doe, D.P.M. Practice limited to orthopedics.’’ ‘‘John Smith, D.P.M., Orthopedic Specialist.’’
(g) When a podiatrist succeeds another podiatrist who has retired, changed address or died, the succeeding podiatrist may retain the old listings or signs, or both, for 1 year. During this period, the successor may display the predecessor’s sign and carry the successor’s own telephone listing. After 1 year has elapsed, the successor may no longer carry the listing or display a sign which might imply to or be construed by the public that the former practitioner is still carrying on the practice at that location. The successor may continue indefinitely to list himself or display signs stating that he is the successor to the former practitioner, for example, ‘‘John Doe, D.S.C., successor to Richard Roe, D.S.C.,’’ or similar wording.
(h) Advertising of a fee or method of payment is permissible if each specific service and part of service advertised is identified as to price. Advertising any portion of a potential treatment program as ‘‘free’’ is specifically prohibited as being inherently deceptive and misleading where receipt of the ‘‘free’’ service is conditioned upon the purchase of some other service, unless the advertisement fully discloses the terms and conditions for receiving the services.
(i) A podiatrist may not lend his name, professional position or public endorsement to the sale of a drug, appliance or product when the advertisement utilizing the name, position or endorsement is misleading, deceptive or fraudulent.
Source The provisions of this § 29.31 adopted January 20, 1960; amended August 3, 1984, effective August 4, 1984, 14 Pa.B. 2860; amended January 7, 1994, effective January 8, 1994, 24 Pa.B. 149. Immediately preceding text appears at serial page (165232).
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