Advertising, Fees, and Practice Ownership Rules
Advertising
Advertising must be truthful and not misleading. Price advertising is generally permitted if it is accurate and not a bait-and-switch. Prohibited claims include guarantees of cure, false superiority claims, and statements that create unjustified expectations. Testimonials and social media posts must comply with the same rules and with patient confidentiality.
Fees and ownership
- Fees must be disclosed accurately; billing must reflect services actually provided.
- Fee splitting and payment for referrals can violate law or board rules. A percentage-of-revenue lease or management fee tied to patient volume may be treated as improper inducement.
- Practice ownership and employment arrangements must fit the practice act and board rules. A non-licensee may not control clinical judgment. Professional corporation and assumed-name rules may apply.
Worked example
An advertisement states: 'We guarantee a cure for glaucoma; no other optometrist can match our results.' This is misleading because glaucoma generally requires ongoing management and the superiority claim is unsupported. The truthful alternative is to describe services and credentials accurately without guaranteeing outcomes. The reasoning: advertising is judged by the impression it creates, not by a disclaimer hidden in small print.
Traps that cost marks
Do not assume advertising is banned; truthful advertising is allowed. Do not assume any business entity may own an optometry practice. Do not ignore percentage-based arrangements that reward referrals. Do not use patient stories without valid authorization. Do not advertise a discount that is not actually available.