Advertising, Fee Splitting, Patient Solicitation, and Business Practice Restrictions
Advertising
Advertising must be truthful and not misleading. Licensees may not use false, deceptive, or exaggerated claims, may not misrepresent credentials or specialties, and may not guarantee outcomes. Testimonials and comparative claims must be accurate and not create unjustified expectations. Candidates should recognize that the Board's concern is deception and public protection, not the medium of advertising.
Fee splitting and kickbacks
Fee splitting - paying or receiving compensation for the referral of patients - is generally prohibited. Arrangements that reward referrals rather than services rendered raise anti-kickback concerns. Legitimate business arrangements (e.g., employment, bona fide service contracts) are distinguishable from referral-based payments.
Patient solicitation
Solicitation of patients through coercion, harassment, or undue influence is prohibited. Marketing is permissible; pressure tactics are not. Soliciting patients in a way that exploits a professional relationship or a patient's vulnerability is a violation.
Business practice restrictions
Other restrictions may include prohibitions on assisting unlicensed practice, ownership arrangements that compromise clinical judgment, and improper delegation driven by profit. The PT's clinical judgment must not be subordinated to financial incentives.
Question traps
- Assuming any payment to a referral source is permissible if disclosed.
- Believing advertising is prohibited - it is permitted if truthful.
- Confusing a legitimate employment bonus with fee splitting.
- Overlooking that ownership or management pressure can create a business-practice violation.
Rule of thumb
Apply the referral-payment test: if money moves because a patient was referred rather than because a service was rendered, it is likely prohibited.