Texas rules on physician advertising

See related content “Medical board rules and regulations”

The Texas Medical Board (TMB) has established rules that govern physician advertising. These rules expressly prohibit advertising that is “in any way false, deceptive, or misleading.” Any statement made about the physician’s professional experience, competence, or quality should only be made if it can be supported by facts. (1)

For example, if a physician were to say in an ad that he was “the most highly qualified neurosurgeon in the southwest,” then the neurosurgeon must have objective data to support the comparison of his or her qualifications to the other neurosurgeons in the southwest. Because it is unlikely that the neurosurgeon has data to support this statement, its use should be avoided. (1)

The TMB has also established rules for use of the term “board certified” in advertising. “A physician is authorized to use the term ‘board certified’ in any advertising for his or her practice only if the specialty board that conferred the certification and the certifying organization is a member board of the American Board of Medical Specialties, or the Bureau of Osteopathic Specialists, or is the American Board of Oral and Maxillofacial Surgery.” (1)

Physicians may advertise certification by other types of organizations only if the organization meets certain requirements, as specified in TMB advertising rules. (1)

These rules also expressly prohibit use of the terms “board eligible” or “board qualified” in physician advertising. The board has determined that these terms are misleading and cause confusion about a physician's board certification status. (1)