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Idaho

Medical website design in the Gem State requires a review of the state’s medical marketing laws. Idaho’s code imposes discipline on licensees who engage in unethical advertising, with some helpful examples of what this means. Before you advertise healthcare services that would be covered under Idaho’s laws, be sure to consult with legal counsel to ensure you have all bases covered.

More Information

Oversight Body:
Idaho State Board of Medicine

Reference Citation:
ID ADC 22.01.01.101

Selected Excerpt:
101. ADDITIONAL GROUNDS FOR SUSPENSION, REVOCATION OR DISCIPLINARY SANCTIONS.

01. Discipline. In addition to the statutory grounds for medical discipline set forth in Idaho Code, Section 54-1814, every person licensed to practice medicine or registered as an extern, intern, resident or physician’s assistant is subject to discipline by the board upon any of the following grounds:

02. Unethical Advertising. Advertising the practice of medicine in any unethical or unprofessional manner, includes but is not limited to:

  • a. Using advertising or representations likely to deceive, defraud or harm the public.
  • b. Making a false or misleading statement regarding his or her skill or the efficacy or value of the medicine, treatment or remedy prescribed by him or her at his or her direction in the treatment of any disease or other condition of the body or mind.

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:

  • Advertising in a way that is likely to deceive, defraud, or harm the public.
  • Making false or misleading statements regarding your skill.
  • Making false or misleading statements regarding the efficacy or value of any medicines or treatments prescribed by you.
  • 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.

Please help us keep these pages up to date. If you or your legal counsel notice an oversight in our comments or a problem with this page, please alert us by email. Also, be sure to read our legal disclaimer.

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