1. 0 Case Study 2 Advertising

2. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY Disclosure  The speaker has no financial interest in the subject matter of this presentation and is not representing the Ethics Committee of the American Academy of Ophthalmology with this presentation.  For questions about the material contained herein or about the Academy’s ethics program in general, please contact the ethics program manager, Mara Pearse Burke at ethics@aao.org.ethics@aao.org

3. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 3 A Webpage Faculty Listing: (All names fictitious)  Max Fromage, MD, MPH Professor and Head Glaucoma  Stepan Fetchit, MD Assistant Clinical Instructor Comprehensive Ophthalmology  Jackson Kross, OD Refractive Surgery Cataract and Postoperative Care Contact Lenses

4. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 4 Code of Ethics Rule 13 Communications to the public  No false, deceptive or misleading information  No deceptive omissions  No appeals to patients’ anxiety  Must not create unjustified expectations of results  Must disclose risks  Must not misrepresent credentials  No unsubstantiated claims of superiority

5. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 5 Dr. Fromage Receives a Letter from the Ethics Committee  The Committee questions the implication that the OD performs refractive surgery.  The Committee questions the implication an OD renders surgical care for cataract patients.  Appears to be false, deceptive and misleading Potentially in violation of Rule 13  The Committee requests an explanation How this wording came to be used, or How the credentials, as claimed, can be substantiated

6. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 6 The Committee Receives a Letter in Reply:  Dr. Max Fromage, Chair of Department, accepts responsibility for “this error”  Admits the description of the OD’s services is inaccurate  Regret for public’s potential misunderstanding of OD’s role  “I immediately changed the website content.”  Offers to forward any related correspondence.

7. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 7 The Listing is Changed It Now Reads:  Jackson Kross, OD Optometrist General Eye Exams Contact Lens Care, including Keratoconus Aphakia, and Post-Corneal Transplants  Ethics Committees end a thank-you letter and closes the case.

8. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 8 Three Months Later…  The Committee revisits the website in a routine review  The original copy has reappeared!  Now what?

9. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 9 The Committee Writes to Dr. Fromage Again…  Notes that a routine review reveals that false and misleading information has reappeared for public view.  This contradicts his earlier assertion that revised copy will be used.

10. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 10 The Website Changes Back Again  The corrected language reappears on the website.  A letter of reply from Dr. Fromage describes a “computer error” responsible for the reappearance of the original ad copy.

11. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY 11 Looking Ahead…  The Committee will likely continue periodic reviews of this site.  Review other communications to the public from the same source.  For an indefinite period of time.

12. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY

13. WWW.AAO.ORGAMERICAN ACADEMY OF OPHTHALMOLOGY What Do You Think?  Was Dr. Fromage in potential violation of Rule 13 even though he may not have been aware of what was happening with his practice website?  What can you do to make sure that your advertising is ethical?