Issue 8 - June 2003

Ask Deborah Green
Is chiropractic advertising constrained?

Q: I am opening my own practice and plan to advertise. Are there any general guidelines that I need to know?

A: Check with your state regulatory board to find out if advertising is regulated in your state. If you are permitted to advertise, you may be required to submit your advertisements for approval prior to publication or you may be required to keep copies of your ads for a certain period of time.

Generally, advertisements contrary to the public interest — such as those that are false, fraudulent, deceptive or misleading — are not permitted. Many states also prohibit the use of guaranties or claims that cannot be substantiated.

You can provide informational advertising about the type of services that you render, assuming that such information is accurate. For instance, stating that you spend a minimum of one hour with each new patient (if true), would present no problems; but calling yourself the greatest chiropractor since Palmer would be frowned upon.

Deborah Green is a member of the American Health Lawyers Association, the New York State Bar Association, the American Bar Association Health Law Section and the Florida Bar Health Law Section.

LEGAL DISCLAIMER: This column is provided subject to and governed expressly by the terms of this disclaimer. This column is provided for educational purposes only. The accuracy or timeliness of the information presented herein is not warranted. The information presented herein is not intended to be advice as to a specific fact pattern with which you may be presented. Accordingly, please note that the information contained herein is not being presented as legal advice with respect to any matter and that no attorney-client relationship is hereby established.