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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