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The analysis of any legal or medical billing is dependent on numerous specific facts — including the factual situations present related to the patients, the practice, the professionals and the medical services and advice. Additionally, laws and regulations and insurance and payer policies are subject to change. The information that has been accurate previously can be particularly dependent on changes in time or circumstances. The information contained in this web site is intended as general information only. It is not intended to serve as medical, health, legal or financial advice or as a substitute for professional advice of a medical coding professional, healthcare consultant, physician or medical professional, legal counsel, accountant or financial advisor. If you have a question about a specific matter, you should contact a professional advisor directly. CPT copyright American Medical Association. All rights reserved. CPT is a registered trademark of the American Medical Association.

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New York PT Advertising

Advertising or soliciting for patronage that is not in the public interest:

Advertising or soliciting not in the public interest shall include, but not be limited to, advertising or soliciting that:

    • Is false, fraudulent, deceptive or misleading;
    • Guarantees any service;
    • Makes any claim relating to professional services or products or the cost or price therefore which cannot be substantiated by the licensee, who shall have the burden of proof;
    • Makes claims of professional superiority which cannot be substantiated by the licensee, who shall have the burden of proof; or
    • Offers bonuses or inducements in any form other than a discount or reduction in an established fee or price for a professional service or product.

The following shall be deemed appropriate means of informing the public of the availability of professional services:

    • Informational advertising not contrary to the foregoing prohibitions; and
    • The advertising in a newspaper, periodical or professional directory or on radio or television of fixed prices, or a stated range of prices, for specified routine professional services, provided that if there is an additional charge for related services which are an integral part of the overall service being provided by the licensee, the advertisement shall so state, and provided further that the advertisement indicates the period of time for which the advertised prices shall be in effect.
    • A licensee shall not compensate or give anything of value to representatives of the press, radio, television or other communications media in anticipation of or in return for professional publicity in a news item;

Testimonials, demonstrations, dramatizations, or other portrayals of professional practice are permissible provided that they otherwise comply with the rules of professional conduct and further provided that the following conditions are satisfied:

    • The patient or client expressly authorizes the portrayal in writing;
    • Appropriate disclosure is included to prevent any misleading information or imagery as to the identity of the patient or client;
    • Reasonable disclaimers are included as to any statements made or results achieved in a particular matter;
    • The use of fictional situations or characters may be used if no testimonials are included; and
    • Fictional client testimonials are not permitted.

All licensees placing advertisements shall maintain, or cause to be maintained, an exact copy of each advertisement, transcript, tape or videotape thereof as appropriate for the medium used, for a period of one year after its last appearance. This copy shall be made available for inspection upon demand of the Education Department.

Citation

NYCCR ยง 29.1

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