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Legal Advertising

By Adrienne Hersh, JD, ICS Legal Counsel · March 1, 20133 min read
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One way to "Invest in Yourself” is through professional advertising.  While once frowned on as inappropriate and unseemly for health care professionals, advertising may now be used as a business tool if the rules are carefully followed.  The legal objective is to balance the right of physicians to free speech while not jeopardizing the health, safety, and welfare of the public.  The ICS receives numerous inquiries about advertising, including questions about testimonials, guarantees of care, solicitation, use of the term "specialist,” discounts and promotions and use of the "D.C.” designation, which will all be discussed here.    

Keep in mind that "advertising” is a broad term that encompasses any and all kinds of promotional materials and media, including printed brochures, newspapers, radio and television, business cards, telephone directories, and even office signage.  Of course, the Internet is probably the fastest-growing sector of advertising, and every page of your physician web site is subject to regulatory review.  

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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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