Asthma "Cure" Advertising and Advice to Stop an Inhaler
Dr. Marcus Reeve has practiced 12 years. His website says: "We cure asthma and reverse Type 2 diabetes-100% drug-free." A parent brings her 9-year-old son, who uses a daily inhaled corticosteroid and has had two urgent-care visits in six months. After one exam, Dr. Reeve tells the parent that the inhaler is "toxic" and should be stopped immediately, sells a $180 supplement kit, and schedules three adjustments weekly for eight weeks. He does not contact the child's pediatrician. Three weeks later the child is hospitalized with an acute asthma exacerbation. The parent complains to the Board and mentions the website. Dr. Reeve tells the investigator that spinal manipulation improves immune function and that his advice was "wellness care." He has no documented informed consent discussion and his note for the first visit is four lines long.
1. Did Dr. Reeve's advice to stop the inhaler fall within the chiropractic scope of practice?
Read the worked answer
Issue: Whether directing a patient to discontinue a prescribed medication, and managing pediatric asthma, is within Montana chiropractic scope.
Analysis: Chiropractic scope centers on the diagnosis and treatment of neuromusculoskeletal conditions, especially vertebral subluxation, through adjustment or manipulation and adjunctive procedures permitted by law. It does not include prescribing drugs, performing surgery, or directing a patient to stop a medication prescribed by another provider. Advising discontinuation of an inhaled corticosteroid for a child with repeated urgent-care visits is effectively managing asthma, a medical condition outside the chiropractic scope. Nutritional counseling may be permitted as an adjunct, but selling a supplement kit as a substitute for prescribed care is not. The statement that the inhaler is "toxic" is not a chiropractic diagnosis; it is an unsupported medical assertion that exposes the child to harm. Failure to contact the pediatrician compounds the problem because the standard of care for a child with a chronic condition includes coordination with the treating physician.
Conclusion: The advice was outside scope and unprofessional. The Board can treat it as practicing medicine without a license, as a standard-of-care violation, and as a basis for discipline. The appropriate conduct was to adjust only within scope, document the child's Asthma control, encourage continued pediatric care, and refer urgently if control was poor.
2. How should the Board analyze the website claims under advertising and ethics rules?
Read the worked answer
Issue: Whether "cure asthma and reverse Type 2 diabetes-100% drug-free" is prohibited advertising.
Analysis: Professional advertising is protected speech, but false or misleading commercial speech is not. A claim of "cure" for asthma or "reversal" of Type 2 diabetes implies a guaranteed medical outcome that chiropractic care cannot deliver and that the practitioner cannot substantiate. The "100% drug-free" phrase also implies that abandoning medication is the goal, which is dangerous for both conditions. The Board looks at the overall impression, not just isolated words, and at whether the claim would mislead a reasonable patient. The website is evidence of intent and of the standard of care the practice held itself out to meet. It also creates a risk that patients will delay effective medical treatment.
Conclusion: The claims are misleading and subject to discipline. Dr. Reeve should remove them immediately, retain a copy of the prior website for the Board, and replace them with accurate descriptions of what chiropractic care can and cannot do. He should not repeat the claims during the investigation; continued advertising after notice is an aggravating factor.
3. What documentation and standard-of-care failures does the four-line note reveal?
Read the worked answer
Issue: Whether the record supports a finding of inadequate documentation and breach of the standard of care.
Analysis: A four-line note for a new pediatric patient with asthma cannot show the history, review of systems, red flags, medication list, examination findings, diagnosis, treatment plan, informed consent, or referral. The standard of care requires a documented assessment of asthma control and coordination with the pediatrician, especially before giving advice about medication. Informed consent for pediatric chiropractic care requires a discussion with the parent about risks, benefits, alternatives, and the limits of care. The note contains none of that. The lack of a consent discussion is both a records violation and an independent ethical failure. The subsequent hospitalization makes the gap more serious because the record cannot show what was said or considered.
Conclusion: The Board can find inadequate documentation and a standard-of-care breach even without expert testimony about the adjustment itself. Dr. Reeve should not backfill the note. He should write a late entry only if permitted, clearly labeled as a late entry, and otherwise provide a separate narrative. The Board may impose remediation, practice monitoring, or suspension if it finds an ongoing risk to patients.