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Jeffrey Randolph, Esq. [email protected]
The ANJC is an information source only, it isup to each individual doctor to ensurecompliance with healthcare statutes,regulations, and case law. The information inthis presentation will help you make thisdecision. Consult with your own, privatehealth care attorney.
N.J.A.C. 13:44E-2.1 – Advertising Regulation.
Licensee always responsible even if you delegate contentto a third party.
Website, blog, Facebook – you are responsible if it is your posting even if someone else posted it.
In general, no false or misleading claims or statements, no guarantees of a cure, do not advertise healthcare services outside of your scope.
"Advertisement" means the attempt, directly or indirectly by publication,dissemination, solicitation, endorsement or circulation in print orelectronic media or in any other way, to attract directly or indirectly anyperson to enter into an expressed or implied agreement to acceptchiropractic services or care or goods related thereto.
Website
Social Media – Facebook, Twitter
Letterhead
Business Cards
Flyers
Signs
Radio / TV ads / spots
A licensed chiropractor who is actively engaged in thepractice of chiropractic in the State of New Jersey mayprovide information to the public by advertising inprint or electronic media.
A licensee who engages in the use of advertising whichcontains the following shall be deemed to be engagedin professional misconduct:
Any statement, claim, or format which is false, fraudulent,misleading or deceptive;
Claims that the professional service performed or thematerials used are superior to that which is ordinarilyperformed or used unless such claims can besubstantiated by the licensee;
Promotion of a professional service which the licenseeknows or should know is beyond the licensee's ability toperform;
Techniques of communication which appear to intimidate,exert undue pressure or undue influence over aprospective patient;
The communication of personally identifiable facts, data,or information about a patient without the patient'ssigned written permission obtained in advance;
The use of any misrepresentation;
The suppression, omission or concealment of anymaterial fact under circumstances which a Boardlicensee knows or should know that the omission isimproper or prohibits a prospective patient frommaking a full and informed judgment on the basis ofthe information set forth in the advertisement;
Any print, language or format which directly orindirectly obscures a material fact;
Any guarantee that services rendered will result in acure;
The Board may require a licensee to provide factualsubstantiation of the truthfulness of any objectiveassertion or representation set forth in anadvertisement.
A Board licensee shall not engage directly or indirectlyin uninvited, in-person solicitation of actual orpotential patients who, because of their particularcircumstances, are vulnerable to undue influence.
No additional charges shall be made for an advertised service unlessthe advertisement includes the following disclaimer:
"Additional charges may be incurred for related services which maybe required in individual cases.“
The disclaimer as set forth above shall not be used for treatmentwhere related services are ordinarily required.
In any advertisement in which examination fees are set forth, the cost of x-rays shall also be set forth along with the disclosure: "if needed."
Offers of discounts or fee reductions or free services shallindicate the advertiser's fixed or stated range of feesagainst which said discount is to be made and/or thevalue of the free services.
Chiropractic services that are routinely or ordinarilyperformed free of charge, shall be clearly andconspicuously stated in the body of the advertisement assuch.
The fixed or stated range of fees or value of free servicesshall mean and be established on the basis of theadvertiser's most commonly charged fee for the statedservice within the most recent 60 days prior to, or to becharged in the first 60 days following, the effective date ofthe advertisement.
Offers of across-the-board discounts shall include arepresentative list of services and the fixed or stated rangeof fees against which discounts are to be made for theseservices. The list shall include a sampling of theadvertiser's most frequently performed services.
"Across-the-board discounts" shall mean the offer of aspecified discount on an undefined class of services or theoffer of a specified discount to a defined class of patients.For example, "15% discount during April on allchiropractic services“ or "15% discount to senior citizenson all chiropractic services.“
The effective period during which a fee or discount shallremain in effect shall be set forth on the face of theadvertisement. In the absence of such disclosure, theeffective period shall be deemed to be 30 days from thedate of the advertisement's initial publication.
Except as set forth below, a licensee shall not charge any patientresponding to an advertisement offering free or reduced fee servicesfor any service rendered during a period of 24 hours from the time theadvertised free or reduced fee service was rendered.
In the event a patient responding to an advertisement offering free orreduced fee services is in need of services other than those advertisedas free or reduced, including extraordinary diagnostic services orimmediate chiropractic care, the licensee shall not charge for any suchservices rendered during a period of 24 hours from the time theadvertised free service was rendered unless the practitioner obtains asigned waiver from the patient. The waiver shall be in the followingform:
I have responded to an advertisement for a free examination or initialconsultation with Dr._____ DC. Dr. ______ has explained to me that,pursuant to the regulations of the New Jersey Board of ChiropracticExaminers, he or she cannot charge for any service rendered during aperiod of 24 hours from the time he or she gives me the freeexamination or consultation examination unless there is an immediateneed for service and I sign this waiver.
I have what I believe is a need for immediate chiropractic care.Therefore, I agree to sign this waiver and pay for the immediatechiropractic care rendered within the 24-hour period.
The amount Dr. _____ will charge me for chiropractic careis $_________.00. This figure was written on the linebefore I signed this waiver.
I have been given a copy of this waiver by Dr. _____orsomeone from his or her office. If I have any concerns, Ican write to the New Jersey State Board of ChiropracticExaminers at PO Box 45004, Newark, NJ 07101.
________________________
Patient
An advertisement may contain either a lay or experttestimonial, provided that such testimonial is based uponpersonal knowledge or experience obtained from aprovider relationship with the licensee or direct personalknowledge of the subject matter of the testimonial.
A lay person's testimonial shall not attest to any technicalmatter beyond the testimonial giver's competence tocomment upon.
An expert testimonial shall be rendered only by anindividual possessing specialized expertise sufficient toallow the rendering of a bona fide statement or opinion.
An advertiser shall be able to substantiate any objective,verifiable statement of fact appearing in the testimonial.
All licensee advertisements and publicrepresentations shall contain the name andaddress or telephone number of the licensee,professional service corporation or trade nameunder which the practice is conducted and shallalso set forth the name of at least one licenseeresponsible for the chiropractic practice in thefacility identified in the advertisement and/orpublic representation.
A licensee shall be presumed to have approvedand shall be personally responsible for the formand contents of an advertisement which containsthe licensee's name, office address, or telephonenumber.
A licensee who employs or allows another toemploy for his or her benefit an intermediarysource or other agent in the course of advertisingshall be personally responsible for the form andcontents of said advertisement.
A video or audio tape of every advertisementcommunicated by electronic media shall beretained by the licensee and made available forreview upon request by the board or its designee.
A licensee shall retain a copy of alladvertisements for a period of three years. Alladvertisements in the licensee's possession shallindicate the accurate date and place of publicationand/or dissemination.
- What is wrong with this content?
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N.J.A.C.13:4e-2.1(c.)(2): Claims that the professionalservice performed or the materials used are superior tothat which is ordinarily performed or used unless suchclaims can be substantiated by the licensee.
N.J.A.C.13:4e-2.1(g): Offers of discounts or fee reductionsor free services shall indicate the advertiser's fixed orstated range of fees against which said discount is to bemade and/or the value of the free services.
Penalty: $750.00 fine.
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N.J.A.C.13:44E-2.1(c.)(3): Promotion of a professional service whichthe licensee knows or should know is beyond the licensee's ability toperform;
N.J.A.C.13:44E-2.1(c.)(9): Any guarantee that services rendered willresult in a cure.
N.J.A.C. 13:44E-1.1(f): A chiropractor licensed by the State Board ofChiropractic Examiners may use the title doctor, or its abbreviation inthe practice of chiropractic, however, it must be qualified by thewords doctor of chiropractic, chiropractor or chiropractic physician orits abbreviation D.C., which may be used interchangeably.
Penalty: $3,500.00 fine & cease and desist order.
1) No ads that could be false or misleading as looked atfrom an average patients’ viewpoint.
2) Read the advertising regulations and know them.
3) Make sure you review all content created by thirdparties before they go live.
4) Make it clear in all postings that you are achiropractor.
5) Have copy reviewed by your health care attorneyprior to running.
