Patrick Landau Reprimanded
for False Advertising (2001)

Stephen Barrett, M.D.


In 2001. the Oregon Board of Chiropractic Examiners reprimanded Patrick Landau, D.C. and ordered him to pay administrative costs of $200. As noted below, the board's concern was concerned about two things. One was newspaper advertising that invited accident victims to contact Landau's office but did not disclose his name or profession as required by Oregon law. The other was a report he had issued that contained personal endorsements copied from a marketing program of another chiropractor.


BEFORE THE
BOARD OF CHIROPRACTIC EXAMINERS
STATE OF OREGON

In the Matter of

Patrick Landau, D.C.

Licensee.


)
)
)
)
)
)
)

Case # 2001-3003

NOTICE OF PROPOSED
LETTER OF REPRIMAND

The Oregon Board of Chiropractic Examiners (hereafter "Board" or "OBCE") is the state agency responsible for licensing, regulating and disciplining chiropractic physicians and certified chiropractic assistants in the State of Oregon. Patrick Landau, D.C. (hereafter "Licensee"), is currently licensed by the Board to practice as a chiropractic physician in Oregon.

1.

In a letter to the OBCE dated February 27, 2001, Licensee admits running an advertisement (Attachment 1) which fails to disclose the identity of Licensee or the Licensee's profession on November 15, 23, 30, December 7, 2000, and January 11, 18, 25, and February 1, 2001. This is in violation of OAR 811-015-0045 (3) and (4) which read as follows:

OAR 81l-015-0045 (3) A Chiropractic physician shall not advertise by any media or by telephone without disclosing his/her personal name and the name of the profession,
(4) A Chiropractic physician shall adhere to the Doctors' Title Act, ORS, 676.110

Licensee also failed to identify himself or his profession on the phone number provided in his advertisement (Attachment 1).

2.

Licensee has stated the source of this advertising program is Turn-Key Practice Solutions, Inc, Ben Altadonna DC, 322 W. Prospect Ave., Dansville, California 94526. Licensee provided a copy of his free report that is sent in response to phone calls from his advertisement (Attachment 2). On page 7 of his report he includes a page of personal endorsements titled "Our Patients Speak .." by seven individuals (Attachment 2). In the course of the OBCE's review of this case, a copy of the original draft report from Turn-Key Practice Solutions came into the Board's possession, with identical quotes from seven different individuals praising Dr. Altadonna, the creator of this marketing program (Attachment 3 & 4). Since it is highly unlikely that seven completely different individuals would make spontaneous utterances regarding Licensee identical to those made by seven other individuals concerning Dr. Altadonna, the OBCE finds these statements are untruthful and/or misleading in violation of OAR 811-015-0045 and ORS 684.100 (1)(a).

3.

Licensee shall pay costs of this disciplinary proceeding, including investigative costs and attorney fees, pursuant to ORS 684.100(9)(g).

4.

Licensee shall pay costs of this disciplinary proceeding, including investigative costs and attorney fees, pursuant to ORS 684.100(9)(g).

5.

NOTICE OF RIGHT TO A HEARING

Licensee has the right, if Licensee requests, to a hearing as provided by the Administrative procedures Act {ORS Chapter 183) before the Board or its hearing officer to contest the matter set out above. At the hearing, Licensee may be represented by an attorney, and may subpoena and cross-examine witnesses. A request for hearing must be made in writing to the Board, and must be received by the Board within 30 days from the date of mailing of this notice (or if not mailed, the date of personal service), and must be accompanied by a written answer to the charges contained in this Notice. Upon receipt of a request for hearing, the Board will notify licensee of the time and place of the hearing. If Licensee requests a hearing, Licensee will be given, prior to the commencement of the hearing, information on the procedures, right of representation, and other rights of parties relating to the conduct of the hearing as required by ORS 183.413(2).

6.

Licensee's answer shall be made in writing to the Board and shall include an admission or denial of each factual matter alleged in this Notice, and a short plain statement of each relevant affirmative defense Licensee may have. Except for good cause, factual matters alleged in this notice and not denied in the answer shall be presumed admitted; failure to raise a particular defense in the answer will be considered a waiver of such defense; and new matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency, and evidence shall not be taken on any issue not raised in the Notice and answer.

7.

If Licensee fails to request a hearing within 30 days, or fails to appear as scheduled at the hearing, the Board may issue a final order by default and impose the above sanctions against Licensee. Upon default order of the Board or failure to appear, the contents of the Board's file regarding the subject of this case automatically becomes part of the evidentiary record of this disciplinary action for the purpose of proving a prima facie case. ORS 183.415(6).

DATED this 6th day of April, 2001.

BOARD OF CHIROPRACTIC EXAMINERS
State of Oregon

By: __________________________
Dave McTeague, Executive Director

This page was posted on September 30, 2017.

Links to Recommended Companies

  • PharmacyChecker.com: Compare drug prices and save money at verified online pharmacies.
  • ConsumerLab.com: Evaluates the quality of dietary supplement and herbal products.
  • Amazon.com: Discount prices, huge inventory, and superb customer service.
  • OnlyMyEmail: Award-winning anti-spam services.
  • 10 Types: Website design, development, and hosting with superb technical support.