Colorado

You might think the people who oversee physicians in Colorado would be busy spending time skiing and hiking the Rockies rather than drafting extensive laws and rules on medical marketing. You’d be wrong. The state itself has passed some intricate laws regarding advertising fees, and the Board of Medical Examiners has put together extensive rules and regulations related to healthcare advertising. Whenever engaging in healthcare advertising in the state, be sure to consult with an attorney and have your marketing materials reviewed for compliance with all relevant laws.

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 false, misleading, or deceptive manner.
• Claiming professional superiority in services, staff, or materials unless the claim can be substantiated.
• Making misleading claims regarding board certification, or advertise in a way that causes confusion about your credentials.
• Advertising in a way that intimidates anyone.
• Using unsubstantiated testimonials, unless you include a disclaimer about the credentials of the person making the testimonial.
• Guaranteeing satisfaction with a procedure or a cure.
• Offering free or discounted services for the purpose of deceiving the public.
• 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.
• Compensating a person, firm, association, or corporation for sending, bringing, or recommending a patient to you.

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