Advertising, Practice Names, and Consumer Protection
Truthful advertising
Advertising may be creative, but it must be truthful, not misleading, and not deceptive. The Board can discipline false claims about training, credentials, outcomes, or superiority. Price advertisements must disclose material conditions. “Free” means free; if a purchase is required, say so. Testimonials are risky if they imply guaranteed results.
Names and consumer protection
- A practice name cannot mislead the public about who owns or provides care, or imply a specialty or Board certification that does not exist.
- Use “doctor” and specialty terms accurately. “Board-certified” requires an actual certifying board recognized in the field.
- Itemize fees and provide receipts; honor advertised prices.
- Do not use high-pressure or deceptive sales tactics.
- Corporate and referral relationships must comply with law; payment for patient referrals can be illegal.
Worked example
An OD who is not board-certified runs an advertisement saying “Board-Certified Eye Specialist - Guaranteed Best Vision.” The credential claim is false and the guarantee is misleading because outcomes vary. The Board could treat this as false advertising; the fix is to state accurate credentials and avoid guarantees.
Traps that cost marks
- Thinking puffery is always protected; material false claims are not.
- Advertising a “special” without disclosing a required purchase or fees.
- Using a practice name that implies a medical specialty or hospital affiliation.
- Assuming patient testimonials are always permissible; context and claims matter.