New Hampshire physicians may be subject to disciplinary action if they make deceptive or misleading statements or statements of professional superiority. While there does not appear to be anything all that unusual about New Hampshire’s statutes on healthcare PR and marketing, you should always check with your legal counsel to make sure that your advertising complies with all relevant laws.
New Hampshire State Board of Medicine
N.H. Rev. Stat. § 329.17 VI(g)
329:17 Disciplinary Action; Remedial Proceedings.
VI. The board, after hearing, may take disciplinary action against any person licensed by it upon finding that the person: (…)
(g) Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.
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:
- Including in advertising any statement that tends to deceive or mislead the public.
- Making any statement claiming professional superiority.
- Making scientific claims that cannot be substantiated.
- Assuring a permanent cure for an incurable disease.
- 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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