Though Hawaii is such an unusual and spectacular state, healthcare PR and marketing restrictions in Hawaii seem to be a lot like those on the mainland. Medical websites there need to avoid false, fraudulent, or deceptive advertising, which is never a hard thing for us to achieve for our clients. For more nuances of Hawaii medical marketing law, make sure you discuss your particular situation with your legal counsel.
Hawaii Board of Medical Examiners
HI ST § 453-8
453-8 Revocation, limitation, suspension, or denial of licenses.
- (a) In addition to any other actions authorized by law, any license to practice medicine and surgery may be revoked, limited, or suspended by the board at any time in a proceeding before the board, or may be denied, for any cause authorized by law, including but not limited to the following: (…)
(3) Engaging in false, fraudulent, or deceptive advertising, including but not limited to:
- (A) Making excessive claims of expertise in one or more medical specialty fields
- (B) Assuring a permanent cure for an incurable disease
- (C) Making any untruthful and improbable statement in advertising one’s medical or surgical practice or business
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 false, fraudulent, or deceptive advertising.
- Making excessive claims of expertise in one or more medical specialty fields.
- Assuring a permanent cure for an incurable disease.
- Making untruthful or improbable statements in advertising.
- Making scientific claims that cannot be substantiated.
- 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.
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.