Doctor or surgeon · Texas
Website advertising rules for doctors and surgeons in Texas
Doctors and surgeons answer to their regulator's advertising and conduct rules as well as to privacy law. This is what Texas Medical Board rules, 22 TAC chapter 164 (physician advertising) means for your website: testimonials, claims, fees, titles and the details you must show. It applies only to sites of that profession, and only where you are licensed. For the general laws every site in Texas must follow, see Texas's laws.
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Texas Medical Board rules, 22 TAC chapter 164 (physician advertising)
Chapter re-adopted in Texas Register vol.
Who it covers: Physicians licensed by the Texas Medical Board. Out-of-state telemedicine to Texas patients needs a Texas licence. Set by the Texas Medical Board.
What it requires of a website or app (10)
- Advertising of practice, credentials and qualifications is not false, deceptive or misleadingAI review22 TAC §164.3(a)
- No "board eligible" or "board qualified" wording; "board certified" only if currently certified by ABMS, AOA BOS, the American Board of Oral and Maxillofacial Surgery or a board the TMB approvesAI review§164.3(b)(1); §164.4(a)
- No offer of a permanent cure for an incurable diseaseAI review§164.3(b)(2)
- A testimonial carries a disclaimer about the credentials of the person giving it and discloses any compensation for it (if the site shows testimonials)AI review§164.3(b)(3)(A)-(B)
- People shown are identified as models or actors rather than real patientsAI review§164.3(b)(4)
- No untruthful or deceptive claims about cost and fees, including "free" when a third party is billedAI review§164.3(b)(5)
- No unique or exclusive skill claim without substantiationAI review§164.3(b)(6)
- Paid-for articles, advertorials and infomercials are disclosed as paid forAI review§164.3(b)(7)
- Medical directorship, supervision or delegation to non-physicians at a location other than the primary practice is disclosed where care follows standing orders (if it is a med-spa or clinic-chain site)AI review§164.3(b)(8)
- Patient consent before any photo or representation of a patient is usedAI review§164.2(b)
Sources:22 TAC §164.3 (Cornell LII) 22 TAC §164.4 (Cornell LII)
Rules for doctors and surgeons in other markets
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A plain-language summary of what each law requires of a website or app, from the SafeLaunch rulebook, with the provision and official sources. It is not legal advice and not every duty in each law is listed.