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Michigan

It appears that the Michigan legislature makes medical website design and development fairly easy, requiring that practitioners avoid using false or misleading advertising. For a comprehensive assessment of the medical marketing laws that apply to your practice, be sure to consult with your legal counsel.

More Information

Oversight Body:
Michigan Board of Medicine

Reference Citation:
M.C.L.A. 333.16221

Selected Excerpt:
Sec. 16221. The department [of health] may investigate activities related to the practice of a health profession by a licensee, a registrant, or an applicant for licensure or registration. The department may hold hearings, administer oaths, and order relevant testimony to be taken and shall report its findings to the appropriate disciplinary subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the following grounds exist: (…)

(d) Unethical business practices, consisting of 1 or more of the following:

  • (i) False or misleading advertising. (…)

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 or misleading advertising.
     
  • 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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