Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 164 - PHYSICIAN ADVERTISING
Section 164.3 - Prohibited Acts or Omissions in Advertising
Universal Citation: 22 TX Admin Code § 164.3
Current through Reg. 50, No. 13; March 28, 2025
(a) Advertising regarding the practice of medicine, professional credentials, and qualifications is permissible. However, the information provided in the advertisement cannot be false, deceptive, or misleading.
(b) In addition to those items listed in § 101.201 of the Texas Occupations Code, the following are also deemed false, deceptive, or misleading advertising:
(1) using the term "board
eligible," "board qualified," or any similar language calculated to convey the
same meaning as "board certified;"
(2) offering a permanent cure for an
incurable disease, sickness, and/or illness;
(3) providing a testimonial without:
(A) a disclaimer or warning as to the
credentials of the person making the testimonial; and
(B) a disclosure of compensation provided in
exchange for the testimonial;
(4) failing to explicitly identify
individuals as models or actors instead of actual patients;
(5) providing untruthful or deceptive claims
regarding costs and fees, including claims of free service if a third-party is
billed;
(6) claiming a unique or
exclusive skill without substantiation and basis for such claim;
(7) failing to disclose that the
advertisement, article, or infomercial is a "paid for" presentation;
or
(8) failing to disclose medical
directorship, supervision of, or delegation to non-physicians at a location
that is not the physician's primary practice location and where care is
delivered pursuant to standing orders and protocols.
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