The state also has a substantial interest in protecting its citizens from possible overreaching by a health care provider's attempting to influence people to seek medical aid. The Board argues that
La.Rev.Stat. 37:1743 does not prohibit general advertising by chiropractors or random letters advertising chiropractic service, but only bans telephone and mail solicitations of persons subject to undue influence because of recent involvement in vehicular accidents. The Board relies on
National Funeral Services v. Rockefeller, 870 F.2d 136 (4th Cir.1989), in which the court determined that West Virginia statutes prohibiting in-person and telephone solicitations of preneed funeral contracts were valid and reasonable means of promoting the state's interests in discouraging fraud and protecting the consumers' privacy by preventing “overreaching and high pressure sales tactics of this most unique product.”
Id. at 142. Because of the highly sensitive and personal nature of funeral services and the potential for undue influence, overreaching, invasion of privacy and fraud, the court determined that the commercial speech at issue was particularly intrusive and that in-person and telephone solicitations of funeral contracts could be prohibited by the state.
Id. at 143.