Like legislators in most other states, Pennsylvania legislators want to make sure that physicians do not engage in healthcare advertising that deceives the public, whether the deception was intended by the physician or not. For a complete review of your medical marketing materials for compliance with Pennsylvania law, be sure to contact your legal counsel.
Pennsylvania State Board of Medicine
49 PA ADC § 16.61
Unprofessional and immoral conduct.
(a) A physician who engages in unprofessional or immoral conduct is subject to disciplinary action under section 41 of the act (63 P. S. § 422.41). Unprofessional conduct includes, but is not limited to, the following: (…)
- (5) Advertising of medical business which is intended to or has a tendency to deceive 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:
- Advertising in a way that is intended to or has a tendency to deceive 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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