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BUSINESS OF TMB’s Advertising Rules
MEDICINE
State law and Texas Medical Board (TMB) rules
continued from page 21 restrict the way physicians can advertise their
practices. TMB can discipline physicians for inap-
Image Evolution propriate advertising with license revocation, crim-
Why should physicians be so mindful of how they craft their online inal penalties, and civil penalties of up to $1,000
per violation.
image?
“It’s important for them to understand that there is a conversation hap- The statutes and rules prohibit all false, mislead-
ing, or deceptive advertising. TMB’s rules contain
pening about them out in the infosphere,” Dr. Vartabedian said. “And 18 criteria for advertising that fits that description.
you can either let somebody else create your story for you, or you can do Examples of advertising TMB would deem false,
it yourself.” misleading, or deceptive, include ads that:
The days of maintaining an effective online presence simply with a Contain false claims or misrepresentations of ma-
practice website are over. Dr. Vartabedian says he didn’t focus on practice terial facts that can’t be substantiated;
websites in The Public Physician because “they’ve kind of gone the way
of the dinosaur.” Make a representation likely to create unjustified
expectations about the results of a procedure;
Get Social says a well-built Facebook page “can substitute for a practice
website.” Social media, content generation, reputation monitoring, and Contain a testimonial with false, deceptive, or
other components are now a crucial part of the equation. misleading statements or don’t include disclaimers
or warnings about the credentials of the person
“People are using the words Internet presence or web presence, but it’s delivering the testimonial; and
more than just a website now,” Mr. Rach said. “If you leave a website out
there on its own, you’re not really going to get the results you want to see Include photographs of models or actors but
from it. It needs to be a unified effort, and if you don’t have the time don’t identify them as being models or actors,
available to coordinate that kind of thing, then you should look into in- rather than actual patients.
vesting in the well-being of your practice by finding people who do.”
View TMB’s rules on medical practice advertising.
Joey Berlin can be reached by phone at (800) 880-1300, ext. 1393, or
(512) 370-1393.
22 San Antonio Medicine • December 2016
