How false advertising can hurt your practice
By Steven Conway, DC, DACBOH, JD

As a new grad, I need to stand out in the crowd of chiropractors in my area to acquire new patients. I decided to advertise that my treatment techniques and results were the best in the area, but a friend from school said I might be getting myself into hot water. Why can't I advertise that I am better than the other chiropractors?

Starting a new practice is always challenging. Becoming known in your area is the right solution to get your practice on the radar screen; however, the advertising path you decided to take can lead to becoming a target of your state regulatory agencies.

Advertising or marketing your practice must be done professionally and within the rules and regulations of your state examining board. Failure to conform to those rules can and will lead to regulatory investigation and potential disciplinary actions.

Three categories of advertisements can get you into hot water:

1. False or misleading advertisements;
2. Claims of specialized or advanced training, or certificates that are not recognized or legitimate; and
3. Claims of superiority above other professionals.

The first category contains the most common infractions within the profession and ranges from ads for free services (but, in fact, are not) to services not within the scope of practice of the chiropractor.

Claims related to cures for ailments or a stated percent of success may also fit into this category.

The second and third categories cover a broad range of advertising, but their focus is on protecting the public from individuals with false credentials.

In your specific case, the statement that your treatment techniques and results are the best in the area cannot be independently verified for accuracy or legitimacy. The statement also suggests that you are superior to other chiropractors in your city.

These violations are red flags for trouble.

Most, if not all, state chiropractic examining boards have created language that specifically prohibits a chiropractor from advertising in such a manner. For example: In Wisconsin, specific language lists the exact type and hours of training a chiropractor must obtain before he or she can claim to be a "specialist" or "specialize in" a technique or area of practice, such as pediatrics.

The chiropractors who are the brunt of your statements would likely turn you into your state licensing board for disciplinary action.

If board disciplinary actions were not enough, the state or county district attorney's offices may investigate you for violations against false and deceptive business practices.

A recent example in California involved a district attorney who successfully prosecuted a chiropractor for failing to verify the various representations and assertions made in his advertisement for a specific service. The defendant was also unable to produce "reliable, scientific studies, or fact-based evidence" to support his advertising claims. Thus, in this case, the chiropractor got into trouble not for providing a potentially valid service in his office, but for making advertising claims he could not support.

Another case for review involved a chiropractor in Hawaii who falsely advertised a contest in which people supposedly voted on a list of doctors in an area. At the end of the "contest," the chiropractor made advertising claims that he was "voted" the best chiropractor in the city. That advertisement led to disciplinary actions by his state board.

Your proposed marketing strategy could lead to similar negative results. My advice to you is to review your state chiropractic board's standard of conduct regulations to find the boundaries in which you must keep your advertising within. Use your skills and energy to create positive advertisements that not only benefit your individual practice, but the chiropractic profession as a whole.

Steven Conway, DC, DACBOH, JD, is a partner in True North Chiropractic Consultants LLC, which provides guidance and ethical solutions to the barriers found in chiropractic practices. He can be contacted through his Web site at www.truenorthchiropracticconsultants.com or by e-mail at chirolaw@aol.com.

DISCLAIMER: This column is provided for educational purposes only. The accuracy or timeliness of the information presented is not warranted. The information is not presented as legal advice and no attorney-client relationship is established.