Like many other states, Louisiana disciplines physicians for fraudulent, false, deceptive, or misleading healthcare advertising or communication. Interestingly, the statute also appears to apply to private communications between a doctor and a patient. For a comprehensive assessment of your obligations under the law, make sure you consult with your legal counsel before engaging in marketing efforts.
Louisiana State Board of Medical Examiners
Causes for nonissuance; suspension; revocation; or the imposition of restrictions; fines; reinstatement; publication of action; stays
- A. The board may refuse to issue, or may suspend or revoke any license or permit, or impose probationary or other restrictions on any license or permit issued under this Part for the following causes: (…)
- (7) Solicitation of patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive, or misleading
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:
- Engaging in public or private advertising or communication that is fraudulent, false, deceptive, or misleading.
- 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 use 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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