Advertising Challenges for Licensing Boards

Dr. Minga Guerrero

Dr. Joyce McClureOregon Board of Chiropractic Examiners

Why do we care?

• Ethical accountability

• Public protection

• Global professional image

• Public perception

• Mutual referral relationships

Example: Spinal Decompression

Turn a negative situation into positive action:

But first… Understand the Problem!– Complaint statistics– Fielding complaints - where do they come

from?– Researching the facts

Proactive Solutions:

• Creating statewide grassroots participation

• Developing creative solutions to perceived problems

• Offering CEUs to foster ethical advertising• New Doctor Orientation• Outreach at Chiro College- student lecture

(annual)

Spinal Decompression Society of Oregon

Jeffrey K. Tunick, D.C.

10500 SW Greenburg Rd

Tigard, OR 97223

(503) 684-9698

www.LincolnHealthCenter.com

Other areas to consider, discuss and watch for:

• Statistical claims of success • Claims of superiority • Information Age Ambulance

chasing: obtaining accident lists. (cappers/runners) 

• Luring patients with claims of superior expertise or better legal $$ outcomes

• “The” vs. “A”What is the bottom line?

Example: “A-#1”

• D.C. claims “Miraculous results” using the only technology of its kind in the State!

– Can “miraculous” be defined?

– Is it possible to limit the use of this definition?

Doctor's Title Act Violations

• Why is it important to identify your profession in ads?811-015-0045 (2) “A chiropractor shall not practice under a name that is misleading as to the identity of the chiropractor…”

• Public complaints– State by state comparisons

• “What does D.C. stand for?”

• Prevention: New Doctor Orientation

Examples: other media• Website fails to

identify profession – DC claims State

jurisdiction does not apply to world wide web!

• What is DC’s intended audience?

• Where is DC’s primary business location? (i.e. if multi-jurisdictional provider)

• Yellow pages advertising (printed)– what is done is

done- and will remain so until next directory printing

• What penalty is appropriate?

Example: Unlicensed DC

• DC out of jurisdiction distributing non-compliant advertising within jurisdiction:– Video instructing the layperson how to

adjust their family members at home

Violation outcomes

State by state comparisons:

• What is a successful outcome?

• Can the desired outcome be achieved with current Rule and Statute?

Spreading the word

• • Communicating with stakeholders –– Press release– Board website– State associations– Chiropractic college– Quarterly newsletter– State Chiropractic listserv

Oregon Statute684.100 (1) (g) (C) (k)“Grounds for discipline of licensee or refusal to license;

restoration; suspension; competency examinations; confidential information.

(1)The State Board of Chiropractic Examiners may refuse to grant a license to any applicant or may discipline a person upon any of the following grounds:(g) Unprofessional or dishonorable conduct, including but not limited to:

(C) Gross malpractice or repeated malpractice.(k) The advertising of

techniques or modalities to infer or imply superiority of treatment or diagnosis by the use thereof that cannot be conclusively proven to the satisfaction of the board.”

Oregon Rule

• 811-015-0045 A chiropractic physician shall not use or participate in the use of improper advertising. Improper advertising is any advertising which:

(a) States any fact which would result in the communication being untruthful, misleading or deceptive

(b) contains statistical or other assertions of predicted rates of success of treatment…”

Free Speech Clauses in your state

• How does this impact your ability to regulate advertising?

Press Releases

• FDA 510K“approved” vs FDA “cleared” – FDA cleared = clearance based on predicate

device. FDA cleared is not FDA approved.

•  "Breakthrough in Medical Technology!"•  “The Most Advanced, Proven Method…“• “Miraculous Results!”

•  What can your Board do?

Questions?