West Virginia medical advertising rules address false or deceptive advertising and identify several types of advertising that may not be considered in the public interest. The cited rules include restrictions related to testimonials, guarantees of satisfaction or cure, deceptive discounts, sensational or flamboyant advertising, and unsupported claims of professional superiority.
Medical marketing rules can vary by state, provider type, and service. For a complete review of the statutes and regulations that apply to your website, advertising, and patient communications, consult with legal counsel familiar with your practice and market.
More Information
Oversight Body:
West Virginia Board of Medicine
Reference Citations:
W. Va. Code § 30-3-14 (c), W. Va. Code St. R. § 11-1A-3.7, and W. Va. Code St. R. § 11-1A-12.1
Selected Excerpts:
[30-3-14 (c)]
(c) The board may deny an application for license or other authorization to practice medicine and surgery or podiatry in this state and may discipline a physician or podiatrist licensed or otherwise lawfully practicing in this state who, after a hearing, has been adjudged by the board as unqualified due to any of the following reasons: (…)
- (3) False or deceptive advertising; (…)
- (18) Conspiring with any other person to commit an act or committing an act that would tend to coerce, intimidate or preclude another physician or podiatrist from lawfully advertising his or her services
3.7. “False or deceptive advertising” means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results or includes representations or implications that in reasonable probability will cause an ordinary prudent person to misunderstand or be deceived.
12.1. The Board may deny an application for a license, place a licensee on probation, suspend a license, limit or restrict a license or revoke any license heretofore or hereafter issued by the Board, upon satisfactory proof that the licensee has: (…)
- hh. Engaged in false or deceptive advertising.
- ii. Engaged in advertising that is not in the public interest. Advertising that is not in the public interest includes the following, with the exceptions specifically listed:
- A. Advertising that has the effect of intimidating or exerting undue pressure;
- B. Advertising that uses testimonials;
- C. Advertising which is false, deceptive, misleading, sensational or flamboyant;
- D. Advertising which guarantees satisfaction or a cure;
- E. Advertising which offers gratuitous services or discounts, the purpose of which is to deceive the public. This subdivision does not apply to advertising which contains an offer to negotiate fees, nor to advertising in conjunction with an established policy or program of free care for patients; and
- F. Advertising which makes claims of professional superiority which a licensee is unable to substantiate.
What This Means for West Virginia Medical Practices
West Virginia medical practices should be especially careful when using testimonials, promotional offers, guarantees, claims about results, or language that could be viewed as sensational, misleading, or difficult to substantiate. Marketing content should be clear, accurate, and reviewed carefully before publication.
For elective healthcare practices, this applies across the full digital presence, including website copy, paid ads, social media content, email campaigns, landing pages, online reviews, and before-and-after galleries. Practices should also review language around patient stories, treatment outcomes, model imagery, credentials, board certification, and professional superiority claims with legal counsel.
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:
- Engaging in false, deceptive, misleading, or flamboyant advertising.
- Coercing, intimidating or precluding another physician or podiatrist from lawfully advertising his or her services.
- Using testimonials.
- Guaranteeing satisfaction or a cure.
- Offering gratuitous services or discounts in order to deceive the public.
- Making claims of professional superiority that you are unable to substantiate.
- Making scientific claims that cannot be substantiated.
- 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 West Virginia Practice With More Confidence
Medical marketing requires more than strong messaging. Your website, ads, social media, email campaigns, landing pages, 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 to learn more or request a consultation with one of our experts.
This post was originally published in March 2013 and has been updated for 2026.
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