(1) The department permits advertising by licensed midwives regarding the practice of licensed midwifery in accordance with the council’s rules so long as such information is in no way fraudulent, false, deceptive or misleading.
    (2) No licensed midwife shall disseminate or cause the dissemination of any advertisement or advertising which is in any way false, deceptive, or misleading. Any advertisement or advertising shall be deemed by the department to be false, deceptive, or misleading if it:
    (a) Contains a misrepresentation of facts, or
    (b) Makes only a partial disclosure of relevant facts, or
    (c) Creates false or unjustified expectations of beneficial assistance, or
    (d) Appeals primarily to a layperson’s fears, ignorance, or anxieties, or
    (e) Contains any representation or claims as to which the licensed midwife referred to in the advertising does not expect to perform, or
    (f) Contains any representation, statement, or claim which misleads or deceives, or
    (g) Could lead a reasonable prudent person to believe that the licensed midwife is licensed to practice medicine when not so licensed in the state of Florida.
    (3) As used in the rules of this council, the terms “”advertisement”” and “”advertising”” shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services.
Rulemaking Authority 467.005, 467.203(1)(e) FS. Law Implemented 467.203(1)(e) FS. History-New 3-20-96, Formerly 59DD-7.015.