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ProviderLAW Advisory
Decompression Therapy News:
District Attorney Obtains Permanent Injunction and Fine Against Doctor Regarding His Decompression Therapy Advertising. Court Finds the Advertising to Be "Misleading" and Also "Unfair and Deceptive."
Considering Purchasing a Table? Already Purchased a Device?
Make Sure to Closely Review Your Advertising Materials.

A copy of this advisory
can be accessed though ProviderPRO.net
www.providerpro.net > Public

First Published: 10-10-06

     

Last Revised: 10-10-06

     

Legal Notice
Drafted by: ProviderLAW
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Synopsis

A California state superior court recently issued a permanent injunction and fine against a chiropractic clinic regarding the way the chiropractor was advertising his decompression therapy device. The action was brought by the District Attorney's office in the County of Monterey on behalf of the People of the State of California based on claims that the chiropractor's advertising materials were "misleading" as well as "unfair and deceptive."

The day after the action was brought, a stipulated final judgment and permanent injunction ("Order") was signed by the Superior Court judge in the case. In the Order, the chiropractor admitted that he was "unable to substantiate" the claims which he had made in his advertising.

Among other things, including a fine and court costs of $25,000, the Court then permanently enjoined (i.e., restrained) the chiropractor, including his "agents, representatives, employees, and successor corporations in which he has a majority ownership interest" from directly or indirectly doing either of the following:

"Cause the dissemination of any anonymous advertisement to the public of their business identity or nature of their practice in any newspaper;

"Cause the dissemination of any false or unsubstantiated advertising regarding [ his decompression therapy device ] through any source, including newspapers, electronic or visual media, or direct mailings;"

The case illustrates the need for providers to be cautious with respect to all aspects of decompression therapy including coding, fees, marketing, and compliance.

For those who wish to examine such issues in more detail, visit our new decompression therapy page (Decompression Therapy 2006) at www.providerpro.net.

Legal Notice (Rev. 05-01-07): This Legal Notice ("Agreement"), Located Online at http://www.providerlaw.com/legal_notice.php and Accessible Through Various Menu Options, Contains the Basic Terms Associated with All Resources Of, and Agreements With, ProviderLAW as Well as with Designated Resources of Ancillary Entities. You Are Responsible for Reading These Terms Carefully as a Condition of Using this Web Site, as Well as of Purchasing, Using, and Relying Upon, ProviderLAW Resources. The Terms Include Without Limit the Terms of Subscription, Business Associate Agreement (To the Extent Required by Hipaa), Licensure of Multimedia Products, Conference Participation, Web Site Use, and Privacy, as Well as General Terms Common to Agreements. The Resources of ProviderLAW and/or of Other Ancillary Entities Do Not Constitute Legal Advice, Cannot Be Relied upon as Legal Advice, and Do Not Establish a Client-attorney Relationship. Such Resources Are Provided for Educational, Awareness, and Discussion Purposes Only and as Such, Are Provided Strictly as Samples or Illustrations. While ProviderLAW and Other Ancillary Entities May Be Able to Assist You in Finding an Attorney, Unless Otherwise Stated, ProviderLAW and Other Ancillary Entities Are Not Law Firms and Do Not Offer Legal Representation to Any Third-party. If You Have Questions of a Legal Nature, You Should Contact an Attorney at Law. "ProviderLAW," "ProviderLAW Corporation," and "ProviderPRO.net" are fictitious names of the ProviderLAW Knowledgebase, Inc., a Pennsylvania corporation.... [ Click Here for Terms ]