The Arkansas State Board of Medicine Rules on Advertising for Medical Doctors are found in Section 17-95-704 of the Arkansas Code and in Section 20-45-201 of the Arkansas State Medical Board Regulations.

The rules state that medical doctors may not make any false or deceptive statements in their advertising. This includes statements about their qualifications, the effects or results of their proposed treatment, or their professional superiority.

Medical doctors may also not make any scientific claims that cannot be substantiated, assure a permanent cure for an incurable disease, or show patient before and after photos without indicating that results vary and are not guaranteed.

In addition to the above, the Arkansas State Board of Medicine also has the following specific rules on advertising for medical doctors:

Medical doctors may not advertise their services as being “free” or “no cost” if there are any hidden fees or charges.

Medical doctors may not advertise their services in a way that is likely to cause patients to confuse their services with the services of another healthcare professional.

Medical doctors may not advertise their services in a way that is likely to exploit or manipulate patients.

If a medical doctor makes any false or deceptive statements in their advertising, or if they violate any of the other specific rules listed above, they may be subject to disciplinary action by the Arkansas State Board of Medicine, including suspension, revocation, or restriction of their license.

Here are some examples of advertising that is prohibited by the Arkansas State Board of Medicine:

Saying that you are a specialist in a particular area of medicine without being certified by a recognized specialty board.

Saying that you can cure a disease that is incurable.

Saying that your services are the best in the area without providing any objective evidence to support that claim.

Showing before and after photos of patients without indicating that results vary and the results shown are not a guarantee.

Advertising your services in a way that is likely to prey on vulnerable patients, such as the elderly or the terminally ill.

If you are a medical doctor and you are unsure about whether or not your advertising is compliant with the Arkansas State Board of Medicine Rules on Advertising for Medical Doctors, it is best to consult with an attorney.

Obviously we are not a law firm and cannot provide legal advice, if your reading this you are likely in the healthcare industry and should speak with an Ethics Attorney or your Board. This content is for informational purpose only.

Sasmita Pati