La. Admin. Code tit. 46 § XXVII-307

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXVII-307 - Advertising Practices

A. False, deceptive or misleading advertising is prohibited.

B. Statements in advertising which claim that specific physical illnesses ailments or symptoms are alleviated by chiropractic care must be supported by clinical or scientific literature generally recognized by the chiropractic profession. The board may require the chiropractor making such assertions to provide the reference supporting the advertising claim.

C. Testimonials may be used if the word "ADVERTISEMENT" in capital letters of larger type size than the largest text of the testimonial appears directly above the testimonial. The doctor is responsible for any false, deceptive or misleading statements in the testimonial.

D. Advertisement may offer free goods or services or discounts in connection with chiropractic care only if the usual charge for those goods or services and the type of goods or services which are free or discounted are included in the advertising. In the case of print advertising the usual charges for the offered good or services must appear in bold print of the same or larger type size as the offer. In the case of television or radio advertising the ad must clearly state, verbally, the usual charges for the offered goods or services.

1. The doctor must also provide a disclosure statement to be signed by the patient which explains:

a. specifically what services or goods are free or discounted;

b. that additional services or goods which are subject to a charge shall not be rendered until such charges are disclosed in writing to the patient;

2. This rule shall not be construed to relate to the negotiation of fees between a chiropractor and a patient or managed care organization or to prohibit the rendering of chiropractic services pro bono.

E. The chiropractor must notify any third party liable for payment if any co-payment or deductible has been waived or met by a certificate issued by the chiropractor or an agent of the chiropractor. Such notification must be in writing and submitted with the first submission of a claim for payment for services.

F. Any advertisement that mentions automobile liability insurance shall state that "policy limitations apply" and must be in bold print. Any electronic advertisements must state that "policy limitations apply."

G. Free X-Rays

1. A chiropractor shall not advertise "free X-rays" unless the advertisement states that:

a. the X-rays shall be taken only if found necessary; and

b. more than one X-ray is necessary for diagnostic purposes.

2. Free X-rays shall include a minimum of two views.

3. Additional X-rays must meet the disclosure requirements of §307 D

H. Computer-generated or live, unsolicited telephone canvassing to prospective new patients is prohibited.

I. Cash or in-kind payments for patient referrals is prohibited.

J. Any violation of this Section shall constitute grounds for disciplinary action or penalty by the board.

K. If any part of these rules or any rule herein is declared unlawful and/or unconstitutional such determination shall not affect the validity of any other part or rule herein.

La. Admin. Code tit. 46, § XXVII-307

Promulgated by the Department of Health and Human Resources, Board of Chiropractic Examiners, LR 2:51 (February 1976), amended LR 5:174 (July 1979), LR 13:343 (June 1987), amended by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 15:963 (November 1989), LR 17:968 (October 1991), LR 22:191 (March 1996), LR 35:953 (May 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2816.F.