Recent changes in Ohio law make it illegal for chiropractors and certain health practitioners to contact individuals immediately after an automobile accident or crime. The law marks a substantial change for many health practitioners who derive a large amount of business from direct solicitation of individuals.
The law mandates that practitioners must wait at least 30 days to contact an individual involved in an auto accident or a victim of crime. Methods of prohibited contact within the 30-day window include call, text, and email. However, the law permits contact within 30 days if the solicitation is sent via the U.S. Postal Service.
Violations of the law carry fines of $5,000 for each violation, and a $25,000 fine for each subsequent violation may be imposed if validated. Additionally, repeat offenders may lose their license after three separate violations.
With the threat of substantial fines and potential license revocation, chiropractors and other health care practitioners should ensure compliance with advertising and solicitation regulations by working with experienced counsel that can advise on all compliance requirements.
Mac Murray & Shuster is a nationally recognized firm focused on consumer protection and privacy regulatory compliance and litigation. With a team led by former state regulators, we provide comprehensive counsel to businesses of all sizes in highly regulated industries, including financial services, healthcare, teleservices, automotive, insurance, and consumer marketing.