Section 845IAC1-6-4. Advertising

   (a) A podiatrist shall not, on behalf of himself, a partner, associate, shareholder in a professional corporation, or any other practitioner or specific health care provider affiliated with the podiatrist, use, or participate in the use of, any form of public communication containing a false, fraudulent, misleading, deceptive or unfair statement or claim.

  (b) In order to facilitate the process of informed selection of a podiatrist by the public, a podiatrist may advertise services through the public media including, but not limited to, a telephone directory, podiatrist's directory, newspaper or other periodical, radio or television, or through written communication not involving personal contact, provided that the advertisement is dignified and confines itself to the existence, scope, nature and field of practice of the podiatrist.

  (c) If the advertisement is communicated to the public by radio, cable, or television, it shall be prerecorded, approved for broadcast by the podiatrist, and a recording and transcript of the actual transmission shall be retained by the podiatrist for a period of five (5) years from the last date of broadcast.

  (d) If the podiatrist advertises a fee for a service, treatment, consultation, examination, radiographic study, or other procedure, the podiatrist must render that service or procedure for no more than the fee advertised.

  (e) Unless otherwise specified in the advertisement, a podiatrist who publishes or communicates fee information in a publication that is published more frequently than one (1) time per month shall be bound by any representation made therein for a period of thirty (30) days after the publication date. A podiatrist who publishes or communicates fee information in a publication that is published once a month or less frequently shall be bound by any representation made therein until the publication of the succeeding issue. A podiatrist who publishes or communicates fee information in a publication which has no fixed date for publication of a succeeding issue shall be bound by any representation made therein for one (1) year.

  (f) Unless otherwise specified, a podiatrist who broadcasts fee information by radio, cable or television shall be bound by any representation made therein for a period of ninety (90) days after such broadcast.

  (g) Except as otherwise specified in this section, a podiatrist shall not contact or solicit individual members of the public personally or through an agent in order to offer services to such person or persons unless that person initiated contact with the podiatrist for the purpose of engaging that podiatrist's professional services.

  (h) Any advertisement for podiatric medical treatment shall include the name(s) of the licensed podiatrist(s) associated with such treatment facility or employed by the treatment facility or employed by another podiatrist.

  (i) A podiatrist must include the title "Chiropodist" or "Podiatrist", in any advertisement. (Board of Podiatric Medicine; 845 IAC 1-6-4; filed Apr 12, 1984, 8:28 a.m.: 7 IR 1533; filed Aug 5, 1987, 4:30 p.m.: 10 IR 2728; readopted filed Jun 13, 2001, 11:45 a.m.: 24 IR 3823; readopted filed Jul 19, 2007, 12:55 p.m.: 20070808-IR-845070056RFA; readopted filed Nov 25, 2013, 9:19 a.m.: 20131225-IR-845130275RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 8-6-4) to the Board of Podiatric Medicine (845 IAC 1-6-4) by P.L.33-1993, SECTION 76, effective July 1, 1993.