Current through Register Vol. XLI, No. 50, December 13, 2024
Section 4-1-6 - Advertising1-6.1. False and deceptive or misleading advertising is prohibited.1-6.2. Advertisements offering free or discounted services shall include the licensee's usual charge for the service.1-6.2.a. In the case where a licensee is offering any service without charge, the advertisement shall state that there is no charge.1-6.2.b. Diagnostic services offered without charge, or at discounted fees such as exams or x-rays, shall be medically necessary and sufficient to reach a diagnosis. X-rays shall be diagnostically complete.1-6.2.c. Patients receiving free or discounted services shall sign a disclosure statement which clearly describes the service, and which informs the patient of services for which there is a charge. When the advertisement offers free or discounted services for a period of time, the patient shall sign a disclosure statement which clearly states when the free or discounted service ends. The disclosure statements are part of the patient's medical records, and the licensee shall include them in any submission of the claims to the party responsible for bill payment. The licensee shall disclose the normal charges for services before services were rendered.1-6.2.d. No licensee may engage in, or knowingly authorize others to engage in, solicitation by telephone, mail, in-person solicitations or otherwise, which involve undue influence coercion, intimidation, misrepresentation, invasion of the privacy of the person being contacted, or unreasonable interference in the doctor-patient relationship.1-6.2.e. Solicitation which does not involve undue influence, coercion, intimidation, misrepresentation, invasion of the privacy of the person being contacted, or unreasonable interference in the chiropractic-patient relationship is permissible.1-6.2.f. A licensee may not offer consumer solicitations that require an immediate response or a response within ten days to an offer at the time of the solicitation.1-6.2.g. A licensee may not offer free or discounted services which exclude or limit certain classifications of patients.1-6.2.h. A licensee shall not advertise or offer a service as free or discounted then change or switch this advertised service to something different for an additional charge or add an additional service for an extra charge during this same office visit.1-6.3. Advertising that guarantees any cure is prohibited.1-6.4. Advertising that makes claims of professional superiority or uniqueness which can not be substantiated by authoritative and objective evidence deemed professionally appropriate by the Board is prohibited.1-6.5. Advertising shall always clearly state that the services are being offered by a chiropractor, doctor of chiropractic, chiropractic physician or D.C.