South Dakota medical advertising rules require doctors and other healing arts practitioners to be specific about the type of license they hold when using the title “doctor” in advertising or printed materials. For example, a more compliant phrasing may include the provider’s name and recognized license abbreviation, such as “Sarah Smith, M.D.,” rather than using “Dr. Smith” without clarification.
Medical marketing rules can vary by state and by provider type. For a full legal review of your advertising, website, or patient communications, talk with an attorney who understands the laws that apply to your practice.
More Information
Oversight Body:
South Dakota Board of Medical & Osteopathic Examiners
Reference Citations:
SDCL § 36-4-23 and SDCL § 36-4-30(5)
Selected Excerpts:
36-4-23. Advertising and printed material to show type of practice for which licensed– Violation as misdemeanor.
No person practicing any of the healing arts shall use the title “doctor” or any contraction thereof, in connection with his business or profession, or any written or printed material, or in connection with any advertising, unless he add after his name the recognized abbreviation or specification of the branch of the healing art in which he is licensed to practice and is engaged. A violation of this section is a Class 1 misdemeanor.
36-4-30. Acts considered unprofessional conduct–Criminal prosecution. The term, unprofessional or dishonorable conduct, as used in this chapter includes: (…)
- (5) All advertising of medical business in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public
What This Means for South Dakota Medical Practices
South Dakota practices should be careful when using provider titles, credentials, claims, before-and-after photos, model images, board certification language, and statements about treatment outcomes. Marketing content should be clear, accurate, and supported where appropriate.
For elective healthcare practices, compliance should be considered across the full digital presence, including website copy, paid ads, social media content, email campaigns, landing pages, and photo galleries.
Sample Best Practices
Use the following sample best practices as a starting point for discussion with your legal counsel. Find out if you need to take steps to avoid the following:
- Making untruthful or improbable statements.
- Advertising that you are a doctor without including after your name the recognized abbreviation or specification of the branch of the healing art in which you are licensed to practice and engaged (for example, MD or DDS).
- 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.
Is your website following best practices when it comes to medical marketing? Find out by downloading our free Website Compliance Checklist!
Download Free ChecklistMarket Your Practice With More Confidence
Medical marketing requires more than strong messaging. Your website, ads, social media, email campaigns, and patient-facing content should also be reviewed with accuracy, clarity, and compliance awareness in mind.
Etna Interactive helps medical and aesthetic practices create digital marketing strategies that support visibility, patient trust, and practice growth. To learn more about how our team can support your marketing efforts, reach out or request a consultation with one of our experts.
This page was originally published in March 2013 and has been updated for 2026.
Please help us keep these pages up to date. If you or your legal counsel notice an oversight in our comments or a problem with this page, please alert us by email. Also, be sure to read our legal disclaimer.
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