Nebraska may be a little more forgiving than other states, with laws that appear to require that a physician’s healthcare marketing be so misleading or fraudulent that it resulted in a conviction before the practitioner’s license becomes jeopardized. For an individualized assessment of your marketing’s compliance with Nebraska law, contact your legal counsel.
Nebraska Department of Health & Human Services
172 NAC 88-012.03(12)
The Department may deny, refuse renewal or reinstatement of, limit, suspend, place on probation, discipline or revoke licenses or permits for any of the following grounds. (…)
12. Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act.
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 would lead to conviction of fraudulent or misleading advertising or a conviction of the Uniform Deceptive Trade Practices Act.
- 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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