In addition to defining each health professions’ scope of practice, the Michigan Public Health Code (Act 368 of 1978) has general sections that outline professional responsibilities. One such section, Michigan Compiled Laws section 333.16265(1), is relevant to doctors of chiropractic and advertising, as it regulates how chiropractors may refer to themselves in written materials or displays. It states:
| “An individual licensed under this article to engage in the practice of chiropractic… shall not use the terms “doctor” or “dr.” in any written or printed matter or display without adding thereto “of chiropractic…” |
Thus, any advertisements you use should say “doctor of chiropractic.”
In addition, the Michigan Board of Chiropractic (BOC) Administrative Rules also govern advertising by Michigan DCs. Rule 338.12014(1) states: “All licensees practicing chiropractic in Michigan shall use the word “chiropractic” or “chiropractor” or the initials “D.C.” in conjunction with their names on all signs, letterheads, business cards, or similar items of identification.
Section (2) goes on to outline advertisements that the BOC deems false, deceptive, or misleading. It states: “Any advertisement or advertising that does any of the following is deemed by the board to be fraudulent, false, deceptive, or misleading:
The MAC urges member doctors to have all advertisements reviewed by specialists on the Public Relations Committee. This practice will help to maintain integrity for both the individual doctor and the chiropractic profession in Michigan.
It is the considered conclusion of attorney Leslie Kohn, Esq., that based on a January 3, 1978, Attorney General Opinion (Opinion No. 5024), a chiropractic office is permitted to advertise in publications or media free or reduced price services, but only if such advertising is not misleading or deceptive. Attorney General Frank J. Kelley writes:
| “In summary, a total ban on advertising or a total ban on advertising of prices by physicians, dentists, podiatrists, optometrists, chiropractors or accountants constitutes an impermissible infringement of the United States Constitution First Amendment right to free speech enjoyed by both the providers and consumers of professional services. Whether the ban is set forth in a statute or administrative rule, it may not be enforced against protected speech.” |
In researching the matter, attorney Kohn did not find any subsequent more recent judicial decision overruling, affirming, applying or otherwise discussing this Opinion.
Chiropractic advertisements qualify as the conduct of the entrepreneurial, commercial, or business aspect of the chiropractor’s practice. Therefore, should the advertisement violate any of the provisions contained within the Michigan Consumer Protection Act, specifically MCL 445.903, the chiropractor is potentially subject to liability/sanctions. Suit against the chiropractor, alleging violation(s) of the Michigan Consumer Protection Act, MCL 445.901 et seq., can be brought by the Attorney General, a prosecuting attorney, or even a private citizen. The remedies available include injunction and/or actual damages.
Mr. Kohn believes that chiropractors are not allowed to and are therefore prohibited from advertising that the office will pay or reimburse the patient for co-pays and/or deductibles. While such an offer would serve as a potent inducement, the chiropractor should avoid advertising this incentive.
Of course, anything free or offered at a reduced fee to the patient is free or reduced to the health benefit carrier. The chiropractor must be careful never to bill the insurance company for products or services that were advertised as free. If the product or service was advertised at a reduced price, the chiropractic office should not attempt to make up the difference between the lower advertised costs and the customary charges, by billing the insurance carrier.
Note: MCL 445.903, which outlines unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce under Michigan law, can be found online at: www.michiganlegislature.org. Just type in “445.903” under “MCL Section.”
The Michigan Association of Chiropractors reminds DCs that the Centers for Medicare & Medicaid Services (CMS) and the U.S. Department of Health & Human Services (HHS) continue to enforce the federal rules that strictly prohibit Medicare and Medicaid providers from giving beneficiaries any sort of goods or services, or offering free or reduced fees, that might be construed as “prohibited inducements” to select one provider over another for covered health services. For more information, contact the MAC office at (517) 367-2225 or tim@chiromi.com.