Thursday, August 2, 2012

Dentists Who Advertise on TV are Criminals!!!

You know all those dentists and chiropractors that advertise on television?  Apparently that’s illegal.

KRS 438.065 prohibits advertising or soliciting “by practitioner[s] of healing arts” and states as follows:

(1) No person licensed to practice medicine, dentistry, osteopathy, podiatry, optometry, or chiropractic, or any other healing art in this state shall solicit persons to become patients, or advertise by mail, card, newspaper, pamphlet, radio, television, or any other medium, or permit his services to be advertised; provided, however, that such person may publish a brief announcement of the opening of an office or of any change of office location or change of office hours, and may cause to be listed in the telephone directory and classified advertising sections thereof his name, address, type of practice and office hours. Modest signs on the doors, windows, and walls of the licensee's office or on the building in which he maintains an office setting out his name, professional title in accordance with KRS 311.375, office hours and address shall not be considered as violations of this subsection.
(2) Each violation of subsection (1) of this section shall be punishable by a fine of not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment for not less than one (1) month nor more than twelve (12) months or both.

To tell you the truth, I had no idea that this was illegal before today.  Someone please email me or call me and give me some legal research that says I’m wrong on this issue, because I think this law is ridiculous.

If you are a practitioner of the healing arts, and you have been charged with illegal advertising in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call 502.618.4949 for a free consultation today.  Seriously, I’ll take the first client that comes to me with this issue on pro bono, just to see if I can get the law changed. 

Simms & Reed, PLLC.  Results.  As fast as the law will allow.

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