Another issue with screening centers has to do with certain advertising restrictions. Screening centers typically use a direct marketing approach in the form of newspaper, radio, and television advertising to attract patients. The direct marketing strategies employed by screening centers are based on those that have been used successfully in refractive surgery centers and cosmetic surgery practices, among others. Many states, through their Medical Boards, impose a series of restrictions on medical advertising. Claims that are capable of objective verification must have a reasonable and documented basis.
Claims regarding the best service or the most accurate testing can be problematic.
The use of patient testimonials is not permitted in a number of jurisdictions, where they are deemed to be inherently deceptive. Broadly, off-label uses of a device may not be advertised to consumers. Health care professionals may discuss off-label uses of a device with an individual, but generally marketing of the use is prohibited. Accordingly, failing to research appropriately the equipment being purchased or leased by a center can have far-reaching consequences. Given the complexity of the issues, however, a careful review of those issues is critical to success.