The Minnesota legislature prohibits false or misleading healthcare advertising. The North Star State also prohibits marketing medical services in a way that claims professional superiority. Before you market your services in Minnesota, talk with your legal counsel to ensure your advertising fully complies with state law.
Minnesota Board of Medical Practice
M.S.A. § 147.091
147.091 GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1. Grounds listed. The board may refuse to grant a license, may refuse to grant registration to perform interstate telemedicine services, or may impose disciplinary action as described in section 147.141 against any physician. The following conduct is prohibited and is grounds for disciplinary action: (…)
- (e) Advertising which is false or misleading, which violates any rule of the board, or which claims without substantiation the positive cure of any disease, or professional superiority to or greater skill than that possessed by another physician.
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 false or misleading advertising.
- Claiming a cure for any disease without substantiating the claim.
- Claiming professional superiority to another physician.
- Making scientific claims that cannot be substantiated.
- 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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