South Carolina practitioners who engage in medical marketing must take care not to deceive the public though dishonorable, unethical, or unprofessional conduct. It might be the case that “honest mistakes” will be tolerated by the South Carolina Board of Medical Examiners, but for all the details you need to know about complying with medical marketing laws relevant to you, make sure to contact your legal counsel.
South Carolina Board of Medical Examiners
Code 1976 § 40-47-630 (A)(7)
Grounds for disciplinary action; recommendations of committee as to disciplinary action; appeal.
(A) The committee may recommend to the board that it revoke, suspend, issue a public or private reprimand, or impose any other reasonable limitation or practice where the unprofessional, unethical, or illegal conduct of the respiratory care practitioner is likely to endanger the health, welfare, or safety of the public. This conduct includes a license: (…)
- (7) guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm 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:
- Engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public.
- 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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