KAC Member Question:
Can I offer a raffle ticket for my patients to be entered into a raffle for a gift card to [a very expensive restaurant] who are coming into the office after their visit and paid?
Answer:
In Kentucky, raffles are governed under the charitable gaming laws (KRS Chapter 238). The law is clear that raffles are only permitted for licensed charitable organizations. A raffle conducted by a business or professional office (like a chiropractic practice) for promotional or commercial purposes is generally not permitted under Kentucky’s gambling statutes.
Here’s why:
1. Definition of Gambling in Kentucky
- Kentucky law (KRS 528.010) defines gambling as staking or risking something of value upon the outcome of a contest or chance event.
- A raffle, where patients buy tickets for a chance to win a prize, meets this definition unless it falls under the charitable gaming exemption.
2. Business Promotions vs. Gambling
- Kentucky allows promotional sweepstakes or drawings if no purchase is required to enter.
- For example, a chiropractic office can run a free drawing where every patient (or even non-patients) can enter without having to pay for a ticket or service. This makes it a legal promotional giveaway instead of an illegal raffle.
3. Enticement and Professional Considerations
- If entry into the drawing is conditioned on payment (buying a ticket, or paying for care to be entered), it could be viewed as both illegal gambling and an improper enticement for healthcare services.
- The Kentucky Board of Chiropractic Examiners (KBCE) has rules against offering inducements or schemes that could be considered misleading or unethical marketing. The KBCE regulations specifically prohibit inducements that could improperly influence a patient’s decision to start or continue care.
Directly from Kentucky statutes:
(5)(a) A licensee shall not pay or receive compensation for the referral or unlawful solicitation of patients.
(b) A licensee, employee of a licensee, agent of a licensee, contractor of a licensee, or anyone acting in concert with the licensee shall not provide monetary compensation or other consideration of value to an individual in order to induce or entice the individual to commence a chiropractor-patient relationship or continue as a patient of the licensee. [emphasis added]
4. What is Safer for a Chiropractic Office
- You can do a free drawing or giveaway (e.g., “enter your name for a chance to win a wellness basket”).
- You cannot sell raffle tickets or make payment a condition of entry.
- If you want to encourage referrals or engagement, frame it as a promotional giveaway with free entry available to everyone.
In Summary:
If you sell raffle tickets in a chiropractic office, it is likely considered both illegal gambling under Kentucky law and a potential enticement violation under chiropractic professional rules.
A legal alternative is to run it as a free promotional giveaway with “no purchase necessary” clearly stated.
Quick Example of a Compliant Giveaway
“Enter your name at the front desk for a chance to win a wellness basket! No purchase necessary. Open to patients and community members. Drawing will be held June 1 at our office.”
Key Takeaways
- Raffles = Not Allowed (except by licensed charities, not chiropractic offices).
- Free Giveaways = Allowed, if no payment or treatment is required to enter. It’s possible Medicare, Medicaid and federally funded programs, like the VA, are excluded.
- Inducements = Prohibited if they are monetary or designed to influence starting or continuing care.
Instead of risky raffles, Kentucky chiropractors should focus on community engagement, education, and gratitude gestures that strengthen trust without crossing into inducement or gambling territory.
Here are some legal, professional alternatives to show thanks to patients in your chiropractic office:
1. Patient Appreciation Events
- Host an open house or wellness day with free spinal screenings, chair massages, or posture workshops.
- Provide light refreshments and an educational talk (e.g., ergonomics, stretching at work).
- These can be open to the public, not just patients, which makes it community-based rather than inducement.
2. Small Tokens of Appreciation
- Low-value, non-cash gifts (pens, water bottles, stress balls, ice packs) with your clinic logo.
- Items should be inexpensive and generally available to any visitor, not conditional on care.
- The key is that it’s a courtesy, not a reward for treatment decisions.
3. Health Education Perks
- Create a “patient resource packet” with posture tips, stretching guides, or nutrition handouts.
- Send a monthly newsletter with wellness tips, chiropractic news, and office updates.
- Offer free health talks for families, schools, or workplaces.
4. Recognition and Gratitude
- A thank you card mailed to patients (handwritten when possible) after a milestone visit or anniversary.
- A patient of the month board (if done tastefully and with patient consent).
- Public appreciation on social media (only with explicit written permission).
5. Community Giving Instead of Raffles
- Instead of raffling off a prize, consider:
- Donation in the patient’s honor to a local charity when they reach a milestone.
- A food drive, toy drive, or pet supply collection where patients can participate and feel part of the giving.
6. Referral Thanks (with Caution)
- Kentucky does not allow payment or inducement for referrals.
- Instead of “refer a friend, win a prize,” you can thank referrers with a handwritten note or simply acknowledge them verbally.
- Keep referral appreciation non-monetary and non-promotional.
Key Principle
As long as your gesture is:
- Free to all,
- Not tied to purchase/payment, and
- Not a chance-based game,
…it is generally considered a safe, professional way to show thanks.
