Alabama has a fairly typical medical marketing statute, suspending, revoking, or restricting the license of any practitioners who make false or deceptive statements about their qualifications or treatment results. This law should create relatively few barriers to medical website design for reputable surgeons, but as always, discuss your specific situtation with your legal counsel.
Alabama Board of Medical Examiners
Ala.Code 1975 § 34-24-360.
Restrictions, etc., on license; grounds.
The Medical Licensure Commission shall have the power and duty to suspend, revoke, or restrict any license to practice medicine or osteopathy in the State of Alabama or place on probation or fine any licensee whenever the licensee shall be found guilty on the basis of substantial evidence of any of the following acts or offenses: (…)
- (7) Use of any untruthful or deceptive or improbable statements concerning the licensee’s qualifications or the effects or results of his proposed treatment.
Sample Best Practices
We’ve developed some sample best practices to help you get started discussing your medical marketing with your legal counsel in more detail. Find out if you need to take steps to avoid the following:
- Making untruthful, deceptive, or improbable statements related to your qualifications or the results patients should expect to see.
- Making scientific claims that cannot be substantiated.
- Assuring a permanent cure for an incurable disease.
- Claiming professional superiority without supporting the claim with objective evidence, or using hyperbole when describing your techniques or results.
- Showing patient before and after photos without indicating that results vary and the results shown are not a guarantee.
- Showing models without clearly indicating that the photos are not of actual patients.
- Saying you are board-certified without including in any advertising the name of the board that has certified you.
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