ABSTRACT

An important part of the proper execution of the health care marketers role is for the marketer, medical provider or administrator to have an awareness of legal issues affecting professional services advertising. Careful consideration of the legal implications of both competitive strategy and the use of advertising as a part of the marketing plan is essential in the increasingly competitive health care delivery marketplace. The former area, competitive strategy, is primarily an antitrust enforcement issue. The latter, advertising, is a representation area. Below, one issue in the representation area, deceptiveness as it relates to professional services in the context of commercial speech doctrine, will be briefly discussed.