Oklahoma uses some unusual language in its medical marketing statute, barring “grossly untrue” statements in healthcare advertising, but its intent appears to be largely the same as statutes from other states: making sure the public does not become deceived about medical procedures. Talk with your legal counsel in more detail to ensure you are complying with all relevant medical marketing laws.
Oklahoma Board of Medical Licensures and Supervisions
59 Okl. St. Ann. § 509(6)
Unprofessional Conduct – Definition
The words “unprofessional conduct” as used in Sections 481 through 514 of this title are hereby declared to include, but shall not be limited to, the following: (…)
- 6. All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to mislead the public
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:
- Making statements that are grossly untrue or improbable and calculated to mislead the public.
- Making any statement claiming professional superiority.
- 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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