Like many states, the Oregon legislature doesn’t appear to want physicians marketing medical services that they claim will cure incurable injuries or diseases. That makes perfect sense. Also, like most other states, they strongly encourage physicians to take the time to ensure their advertising is not false or misleading. For a comprehensive review of your medical marketing responsibilities, you should of course have all your advertising reviewed by legal counsel.
Oregon Board of Medical Examiners
O.R.S. § 677.190
Grounds for suspending, revoking or refusing to grant license, registration or certification; alternative medicine not unprofessional conduct.
The Board of Medical Examiners for the State of Oregon may refuse to grant, or may suspend or revoke a license to practice for any of the following reasons: (…)
- (3) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured. (…)
- (9) Making statements that the licensee knows, or with the exercise of reasonable care should know, are false or misleading, regarding skill or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of any disease or other condition of the human 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:
- Making statements about the services you offer that you know or should know are false or misleading.
- 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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