Montana may be big sky country, but the sky’s not the limit when it comes to healthcare marketing in the state. Practitioners should take care when marketing their medical services not to do anything that is likely to deceive, defraud, or harm the public. For a comprehensive review of your marketing’s compliance with Montana law, make sure to have all advertising reviewed by your legal counsel.
Montana Board of Medical Examiners
MT ADC 24.156.625
24.156.625 UNPROFESSIONAL CONDUCT (1) In addition to those forms of unprofessional conduct defined in 37-1-316, MCA, the following is unprofessional conduct for a licensee or license applicant under Title 37, chapter 3, MCA: (…)
- (c) conduct likely to deceive, defraud or harm the public;
- (d) making a false or misleading statement regarding the licensee’s skill or the effectiveness or value of the medicine, treatment, or remedy prescribed by the licensee or at the licensee’s direction in the treatment of a 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:
- Engaging in conduct likely to deceive, defraud or harm the public.
- Making false or misleading statements regarding your skill or the effectiveness of treatments for disease or other conditions of the body or mind.
- 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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