In the case of coupons, including Internet coupons, licensed professionals who advertise these discounts should be cautious. Generally speaking, discounts cannot be limited to one segment of your practice without offering the same discount to the rest of your practice. Additionally, the fee you pay for these advertising services may constitute fee splitting. The offering of improper discounts and/or the improper sharing of professional fees may subject a licensee to charges of professional misconduct.
There are several definitions of unprofessional conduct in Part 29 of the Rules of the Board of Regents which may be implicated by the use of coupons, including paragraphs 29.1(b)(2), (3), (4), and (12).
Citations of Pertinent Law, Rules or Regulations:
- Regents Rules, part 29.1(b)(2) - "exercising undue influence"
- Regents Rules, part 29.1(b)(3) - "directly or indirectly soliciting"
- Regents Rules, part 29.1(b)(4) - "permitting any person to share in the fees"
- Regents Rules, part 29.1(b)(12) - "advertising or soliciting for patronage"
