Before offering free consultations on their medical websites, Kansas physicians should check to make sure they’re following the applicable regulations regarding free offers. The Sunflower State takes seriously the possibility of bait-and-switch advertising, where patients end up being charged for a service they expected to be free.
Kansas State Board of Healing Arts
KS ST § 65-2836 and K.A.R. 100-18a-1.
65-2836. Revocation, suspension, limitation or denial of licenses; censure of licensee; grounds; consent to submit to mental or physical examination or drug screen, or any combination thereof, implied.
A licensee’s license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds: (…)
- (d) The licensee has used fraudulent or false advertisements.
100-18a-1. Free offers. Any licensee who offers to perform a free examination, service or procedure for a patient, shall, during the initial visit, only perform the examination, service or procedure contained in the offer. Before any other examinations, services or procedures are performed, the licensee shall explain the nature and purpose of the examination, service or procedure and specifically disclose to the patient, to the greatest extent possible, the cost of the examination, service or procedure.
Sample Best Practices
We’ve developed some sample best practices to help you get started discussing your medical marketing with your legal counsel in more detail. Find out if you need to take steps to avoid the following:
- Using fraudulent or false advertisements.
- Offering to perform a free examination, service, or procedure and then perform anything but the free examination, service, or procedure at the initial visit without first explaining its nature and disclosing to the greatest extent possible its cost.
- Making scientific claims that cannot be substantiated.
- Assuring a permanent cure for an incurable disease.
- Claiming professional superiority without supporting the claim with objective evidence, or using hyperbole when describing your techniques or results.
- Showing patient before and after photos without indicating that results vary and the results shown are not a guarantee.
- Showing models without clearly indicating that the photos are not of actual patients.
- Saying you are board-certified without including in any advertising the name of the board that has certified you.
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