The purpose of this guideline is to offer interpretations on how to apply the use of testimonials and endorsements in advertising. For medical services, including the provision of occupational therapy, it is important to understand how to correctly use endorsements by patients and how to properly disclose the relationship or connection between yourself and your endorsers.

The Guides includes examples of what are considered "material connections" between an advertiser (you) and an endorser (patient or referral source), including their use in social media such as blogging. Although the Guides does state that each case is looked at individually, there are general considerations to keep in mind. For example, certain actions, such as bloggers receiving financial or other compensation to write a review, are considered endorsements.

These connections must be disclosed to the public. If you ask a patient or an employee to blog or write about your practice in exchange for services or payment, the connection between the blogger and the practice must be publicly stated.

Some therapists have asked about placing the logo of professional associations such as AOTA or ASHT on their Web sites. It is perfectly acceptable to state you are a member of AOTA or any other professional association. However, placing their logo on your Web site infers a relationship or endorsement. This could be construed as misleading and should not be done. In addition, if you have an advertisement that features a patient discussing the results of therapy, it is important to indicate whether this experience is typical of what other patients should expect. It is no longer sufficient to say "results not typical;" this must now be expounded upon.

The Guides also discusses the limits and nature of the term "doctor" in advertising. If an endorser or practice owner uses the term doctor, you need to make very clear the limits and nature of the term. A therapist who is a OTD should spell out the fact she is a Doctor of Occupational Therapy, so there is no chance for confusion or deception on the part of consumers that you may be a medical doctor.

If a practice is considering hiring an outside marketer in an attempt to increase new patients and referrals, it is important that you maintain compliance with federal anti-kickback statutes and rules. It is a crime to offer, pay, solicit or receive any remuneration to get referrals for services reimbursable by the federal government. This includes patients who have Medicare, Medicaid, government-funded early intervention services, school districts or CHAMPUS.

If you do want to use an outside marketer to help get patients who have funding from the above named sources, the Office of the Inspector General states that:

1) the agreement must be in writing,

2) the agreement cannot be for less than one year, and

3) compensation must be set in advance, and cannot be determined by the volume or value of referrals that are generated.

Iris Kimberg, MS PT, OTR, has worked in the non-clinical aspect of therapy for the past 30 years. She is the founder of New York Therapy Guide (www.nytherapyguide.com), a site dedicated to the growth, viability and success of therapists in the private sector. Iris now enjoys sharing her expertise with others in the field through workshops, seminars and private consultations. She can be reached at infonytherapy@aol.com.