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Clinic Advertising Law

Chiropractic Advertising

Although the potential for deception and confusion is particularly strong in the context of advertising professional services, restrictions upon such advertising may be no broader than reasonably necessary to prevent deception. Thus, a ban on advertising by chiropractors violates First Amendment rights.

While, as a general rule, advertising by persons engaged in certain professions, such as chiropractic may be regulated but not prohibited, a state has the power to regulate or prohibit advertising by a chiropractor if the advertising is false, fraudulent, deceptive, or misleading, or if it tends to injure the public by lowering or demoralizing professional standards, provided that the legislation is enacted in the exercise of the police power and has some tendency to promote the public health, morals, safety, or general welfare. Such a statute is not invalidated by the fact that its prohibition may incidentally extend to truthful advertising if the advertising is otherwise within the statutory prohibition and the evils at which it is directed. However, solicitations by chiropractic professionals may constitute speech, and therefore come within the protections of the First Amendment.

The state, in regulating or prohibiting advertising, may validly differentiate between general practitioners and those of special or limited branches of medicine, and may subject one class of practitioners to regulations and restrictions that do not apply to other classes.

The American Chiropractic Association’s Code of Ethics establishes guidelines for advertising specifically in XI and generally in other parts.