| Most businesses depend on marketing in general and | | | | in anticipation of or in return for professional publicity |
| advertising in particular for bringing in new business. | | | | in a news item. Also, physicians may not use |
| Medical practices are no exception. While physician | | | | demonstrations, dramatizations or other portrayals of |
| advertising in New York is generally permitted, it is | | | | professional practice in advertising on radio or |
| subject to extensive regulation. New York doctors, | | | | television. |
| whether solo practitioners or medical group members | | | | While false advertising is a professional misconduct in |
| should be familiar with rules governing physician | | | | its own right, sometimes physicians charged with |
| advertising in New York. A violation of these rules | | | | false advertising are also charged with fraud, which is |
| may be sufficient grounds for professional discipline. | | | | a separate professional misconduct under N.Y. |
| Physician advertising in New York is controlled by N.Y. | | | | Education Law 6530(2). What exactly constitutes |
| Education Law. Generally, all advertising is permitted | | | | fraud in New York medical practice has been |
| with the exception of advertising or soliciting that is | | | | addressed by courts (Sherman v. Board of Regents). |
| "not in the public interest". In fact, any such | | | | Medical practice fraud means that the doctor made a |
| advertisement is professional misconduct. N.Y. | | | | false representation, whether by words, conduct, or |
| Education Law 6530(27) describes it as "false, | | | | by concealing what must have been disclosed, and |
| fraudulent, deceptive, misleading, sensational, or | | | | the doctor had done that intending to mislead. |
| flamboyant"; also disallowed is advertising that | | | | If the charges of fraud are substantiated, the |
| "represents intimidation or undue pressure" or uses | | | | licensee is in a much graver position. Fraud charges |
| testimonials or guarantees any service. Other | | | | are by far more serious than false advertisement |
| examples of inappropriate physician advertising are | | | | alone and may easily result in revoking a professional |
| ads that make claims relating to professional services, | | | | license. |
| products, or the costs that the doctor cannot | | | | In one publicized case (Saunders v. Administrative |
| substantiate, make unsubstantiated claims of | | | | Review Board for Professional Medical Conduct), the |
| professional superiority, or offer certain bonuses or | | | | accused doctor placed an ad that represented that |
| inducements for medical professional services. | | | | he was "Subspecially trained in Allergy, Immunology, |
| Advertising of fixed prices or for specified routine | | | | and Rheumatology." In reality, the doctor lacked such |
| professional services in media such as newspapers, | | | | training in that area. It was adjudged that the |
| periodicals or professional directories or on radio or | | | | advertisement was deceptive. |
| television is generally permitted but subject to | | | | Other examples of deceptive advertising include |
| additional limitations. | | | | falsely representing oneself as board certified, |
| Any doctor who places a professional ad is obligated | | | | exuberating own education or past or present |
| to keep an exact copy of each advertisement, | | | | employment, honors, awards, etc. |
| transcript, or tape for one year after the ad's last | | | | Physicians planning to advertise their services in New |
| appearance. | | | | York should refer the Principles of Professional |
| A New York physician is not allowed to compensate | | | | Conduct published by the Medical Society of the |
| or give anything of value to representatives of the | | | | State of New York. |
| press, radio, television or other communications media | | | | |