News from your State Board regarding certain types of advertising

Increasingly the New York State Board for Chiropractic has been receiving questions and concerns about certain types of advertising. The information provided in this brief article may help clarify some of the responsibilities we have as practitioners when we advertise.

Beyond those rules and regulations we have that are specific to our profession in New York, we must also comply with the general Rules of the Board of Regents which are applicable to all licensed professionals in the state of New York. If you do not have a copy of these regulations you can view them online at www.op.nysed.gov or call the New York State Board for Chiropractic at 1-518-474-3817 ext. 190. The specifics of advertising are discussed in Part 29 "Unprofessional Conduct".

As described in Part 29 "Advertising or soliciting not in the public interest shall include, but not be limited to, advertising or soliciting that:

  1. "is false, fraudulent, deceptive or misleading"
  2. "guarantees any service"
  3. "makes any claim relating to professional services or products or the cost or price therefore which cannot be substantiated by the licensee, who shall have the burden of proof"
  4. "makes claims of professional superiority which cannot be substantiated by the licensee, who shall have the burden of proof"
  5. "offers bonuses or inducements in any form other than a discount or reduction in an established fee or price for a professional service or product".

This list is for the most part pretty self explanatory. However, item number three may deserve a little more attention. If in the course of your advertising you state that your technique is effective a certain percentage of the time, it is up to you to be able to prove it. If some of the information in your advertising program is being provided to you from an outside source, then please verify that it is true and accurate because you, the practitioner, are ultimately held accountable for the accuracy of your advertising. If you have any questions on these rules and regulations or any other questions you may have, please contact the New York State Board for Chiropractic office at: http://www.op.nysed.gov/prof/chiro or:

NY State Education Department
Office of the Professions
State Board for Chiropractic
89 Washington Ave.
Albany, NY 12234-1000
1-518-474-3817 ext.190

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