20:41:09 :07.01. Advertising. Doctors of chiropractic may not take part in advertising which is false, fraudulent, deceptive, or misleading. Advertising includes, but is not limited to, written, recorded, broadcast, live, or electronic communication. Sanctions may be imposed for the use of improper advertising based upon any of the following grounds:

1. (1) Advertising in which untruthful, improper, misleading, or deceptive statements are made;
2. (2) Advertising which guarantees any service or result;
3. (3) Advertising that represents to the public the chiropractor possesses special skill, training, knowledge, or qualifications unless the board has recognized the training or certification on which the representation is based;
4. (4) Advertising the waiver of a payment for any part of a deductible or co-payment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the chiropractor's services, is otherwise required to pay;
5. (5) Advertising no out-of-pocket expenses or practicing the same;
6. (6) Advertising free or discounted examination or service. Advertising which offers free or discounted service for public service programs must be pre-approved by the board; or
7. (7) Advertising a discount of a fee for any patient that pays in cash at the time of service.

Source: 12 SDR 117, effective January 19, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 80, effective December 6, 1998; 28 SDR 88, effective December 23, 2001; 39 SDR 127, effective January 21, 2013.

General Authority: SDCL 36-5-4 , 36-5-15.2(1).

Law Implemented: SDCL 36-5-4 , 36-5-15 , 36-5-15.2(1) , 36-5-20(4) , 36-5-21(5).