Minnesota Administrative Rules

2500.0200 PROFESSIONAL STANDARDS FOR ADVERTISING.

Subpart 1.

Individual advertising.

All advertisements, of any nature whatsoever, including office designation and business displays, must bear the name of the licensee or licensees. All advertisements which solicit patronage without disclosing the name or names of the practitioner or practitioners to the reader so that the public may know who is soliciting their patronage are wrongful.

Subp. 2.

Institutional advertising.

It is to be noted that so-called institutional advertisements which bring to the attention of the public the qualifications of chiropractors, generally, and the benefits to be derived from chiropractic, which are sponsored by chiropractic groups or societies, and do not solicit patronage for any particular practitioner or group of practitioners are not within the purview of this prohibition.

Subp. 3.

Testimonial advertising.

The use of testimonials, whether single or in groups; summaries of types of treatment; or examples of treatment as used in the advertiser's office carry with them an implication that the conditions described in the advertisement have been or will be helped by the practitioner. Therefore, before an advertisement is produced, distributed, or displayed, a practitioner who requests from a patient a testimonial to the treatments or modalities used by the practitioner must obtain written consent and have a signed release form from the patient to be kept in the patient's file.

The patient has the right to review the advertisements that use the patient's statements, likenesses, or case summaries before the advertisements are released for production, distribution, or displaying.

Statements made by patients that are untruthful, improbable, misleading, or impossible may not be used even if the patient made the statements.

Statutory Authority:

MS s 148.05; 148.08; 148.10

History:

17 SR 1279; 17 SR 1711; 21 SR 196

Published Electronically:

August 24, 2011