Advertising, Business Practices, and Prohibited Conduct
What this domain tests
This domain tests truthful advertising, inducements, fee arrangements, prescription release, and business structures that could interfere with professional judgment.
Core rules and concepts
- Advertising must be truthful and not misleading. Price advertising is permitted, but advertised prices must be complete and available; 'free' offers must disclose material conditions.
- Guarantees of cure or outcomes, bait-and-switch offers, and testimonials that imply guaranteed results are risky and can be deceptive.
- Paying or receiving remuneration for patient referrals, fee splitting with unlicensed persons, and unlawful rebates are prohibited. Bonafide employment and permitted service arrangements are different.
- The practice may not condition the release of a spectacle or contact lens prescription on purchase, and it may not misrepresent a patient's freedom to choose a supplier.
- Aiding unlicensed practice, allowing unlicensed control of clinical decisions, or using false credentials violates the Act even if the advertising itself is not false.
Worked example
An office advertises a 'free comprehensive eye exam.' The fine print requires purchase of a complete pair of glasses and excludes contact lens evaluations. If the material condition is not clearly disclosed, the ad is misleading. Reasoning: the word free is permitted only when the consumer's real cost is disclosed.
Traps that cost marks
Treating advertising as unprotected commercial speech with no limits; ignoring the difference between a permitted discount and an unlawful rebate; and allowing a business manager to set clinical protocols.