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Compliant Advertising of Specialty Certifications

By Adrienne Hersh, JD, ICS Legal Counsel · January 24, 20246 min read
Marketing
Compliant Advertising of Specialty Certifications
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The Illinois Medical Practice Act (225 ILCS 60/26) permits physicians to advertise “information pertaining to the person’s area of specialization, including appropriate board certification or limitation of professional practice.” The Illinois Department of Financial and Professional Regulation (IDFPR) has interpreted this provision to allow advertising of generally recognized specialty certifications conferred by the American Chiropractic Association, i.e., the ACA Diplomate designations.  Additionally, the Department would probably permit advertising of other established certifications issued by organizations that are accepted as continuing education sponsors, such as the International Chiropractic Association. 

When health care providers attach unknown acronyms to their names, appearing to indicate advanced credentials, regulators believe the public is misled to believe that these providers possess advanced training.  Some of these so-called “specialty boards” require only a fee in exchange for membership and the “certification” designation, with no testing or other educational qualifications.  The Illinois Department of Financial and Professional Regulation (IDFPR) has brought cases against physicians who advertise these types of “certifications” without further disclosure of the board requirements or qualifications.

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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