§47-28-1. Short Title
This article may be known and cited as the Prevention of Deceptive Lawsuit Advertising and Solicitation Practices Regarding the Use of Medications Act.
§47-28-2. Definitions
As used in this article: (1) “Legal advertisement” means a solicitation for legal services regarding the use of medications through television, radio, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communications wherein the advertisement solicits clients or potential clients for legal services.
§47-28-3. Deceptive Legal Advertising Practices
(a) Specifically prohibited legal advertising practices. A person engages in an unfair or deceptive act or practice if, in a legal advertisement, the person does any of the following: (1) Fails to contain the statement: “This is a paid advertisement for legal services.”;
§47-28-4. Wrongful Use or Disclosure of Protected Health Information for Solicitation of Legal Services Regarding the Use of Medications
(a) Use or disclosure of protected health information for legal solicitation. A person shall not use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization protected health information for the purpose of soliciting an individual for legal services regarding the use of medications. (b) Enforcement. (1) A violation of […]
§47-28-5. Authority of Judiciary or State Bar to Regulate Practice of Law
This article does not limit or otherwise affect the authority of the judiciary or the Lawyer Disciplinary Board to regulate the practice of law, enforce the West Virginia Rules of Professional Conduct, or discipline persons admitted to the bar.