Delaware Board of Medical Licensure and Discipline advertising rules: a 2026 guide
Delaware's Board of Medical Licensure and Discipline can discipline a physician for "advertising of the practice of medicine ... in an unethical or unprofessional manner" (24 Del. C. §1731(b)(7)), and its regulations name "fraudulent advertising" and fee payments to referring physicians as dishonorable or unethical conduct. Sanctions include fines and restriction, suspension or revocation of the certificate to practice.
- 24 Del. C. §1731(b)(7) lists advertising of the practice of medicine, or another profession regulated under the chapter, in an unethical or unprofessional manner as unprofessional conduct. The standard is broader than "false."
- §1731(b)(3) covers any dishonorable, unethical or other conduct likely to deceive, defraud or harm the public, and Board Regulation 8.0 defines that phrase to include fraudulent advertising (8.1.6).
- Regulation 8.1.9 covers paying a referring physician a fee unless it is in proportion to work actually performed, and 8.1.10 covers willfully failing to disclose a referring physician's financial interest in an outside testing or treatment facility.
- §1731(b)(4) bars practicing under a false or assumed name, and (b)(8) bars soliciting or accepting a fee by fraudulently representing that a manifestly incurable condition can be permanently cured.
- Discipline under §1731(a) can include a fine, restriction, suspension or revocation, and required continuing education.
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Who regulates medical advertising in Delaware
The Delaware Board of Medical Licensure and Discipline licenses and disciplines physicians and several other professions regulated under Chapter 17 of Title 24, such as physician assistants and respiratory care practitioners. It sits within the Division of Professional Regulation in the Department of State. Dentists are regulated separately by the Delaware Board of Dentistry and Dental Hygiene under Chapter 11 of Title 24.
Section 1731(b) lists what counts as unprofessional conduct. Paragraph (7) is the advertising item, and its wording matters: "advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical or unprofessional manner." That is a professionalism standard, not only a truth standard. An ad can be factually true and still be judged unprofessional, for example aggressive fear-based messaging, undignified stunts, or patient imagery used without consent.
Paragraph (3) adds "any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public." The Board's Regulation 8.0 gives that phrase content. Among the listed examples are fraudulent advertising (8.1.6); payment of a fee by a physician to another physician who referred the patient, unless the fee is in proportion to work actually performed by the referring physician (8.1.9); and willful failure to disclose to a patient that a referring physician has a financial interest in an ancillary testing or treatment facility outside the physician's office (8.1.10).
Two other items affect marketing. Paragraph (4) bars practicing under a false or assumed name, which is relevant to trade names and brand names that do not match the licensed practice. Paragraph (8) bars soliciting or accepting a fee from a patient by fraudulently representing that a manifestly incurable condition can be permanently cured. Under §1731(a) the Board may discipline by levying a fine or by restricting, suspending or revoking the certificate to practice, and may require continuing education.
The Delaware rules, citation by citation
These are the Delaware provisions a medical campaign should be reviewed against, from the statute and the Board's own regulation.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| 24 Del. C. §1731(b)(7) | Advertising the practice of medicine or another profession regulated under the chapter in an unethical or unprofessional manner. | Tone and taste count, not only accuracy. Avoid fear-based or undignified messaging. |
| §1731(b)(3) with Reg. 8.1.6 | Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public, which Regulation 8.0 defines to include fraudulent advertising. | Every factual claim needs to hold up; deception also triggers the Consumer Fraud Act. |
| Reg. 8.1.9 | Payment of a fee by a physician to another physician who referred the patient, unless in proportion to work actually performed by the referring physician. | No per-referral payments between physicians dressed up as marketing or co-management fees. |
| Reg. 8.1.10 | Willful failure to disclose to a patient a referring physician's financial interest in an outside ancillary testing or treatment facility. | Marketing for owned imaging or labs should sit alongside a disclosure process. |
| §1731(b)(4) and (b)(8) | Practicing under a false or assumed name; soliciting or accepting a fee by fraudulently representing that an incurable condition can be permanently cured. | Brand names must tie back to the licensed practice; no "permanent cure" pitches. |
Common ad elements: allowed, restricted, risky
Delaware's "unethical or unprofessional manner" wording gives the Board room to judge tone as well as truth, so the statuses below lean conservative.
| Ad element | Status in Delaware | Practical rule |
|---|---|---|
| Superlatives and guarantees | High risk | Unsupported claims can be fraudulent advertising (Reg. 8.1.6); guarantees can be unprofessional. |
| Patient testimonials | Allowed with care | Genuine, typical or clearly contextualized, HIPAA authorization on file, incentives disclosed. |
| Before-and-after photos | Allowed with care | Own patients, unedited results, signed authorization, tasteful presentation. |
| Fear-based or shock creative | High risk | May be judged unprofessional under §1731(b)(7) even if accurate. |
| Brand names and DBAs | Allowed with care | Must connect clearly to the licensed practice (§1731(b)(4)). |
| Physician-to-physician referral payments | Restricted | Only in proportion to work actually performed (Reg. 8.1.9). |
| Discounts and "free" offers | Allowed with care | Disclose all conditions and follow-on charges. |
Delaware-specific points to watch
A professionalism test, not just a truth test
Because §1731(b)(7) asks whether advertising is "unethical or unprofessional," Delaware gives the Board room to act on accurate ads that are in poor taste. Review tone as well as facts.
Referral economics are spelled out
Regulations 8.1.9 and 8.1.10 address fee payments to referring physicians and undisclosed financial interests. Co-marketing deals between practices should be checked against both.
Name discipline
Practicing under a false or assumed name is listed in §1731(b)(4). Multi-location brands and new DBAs should map clearly to the licensed entity and physicians.
Cross-border audiences
Delaware practices often advertise into Maryland, Pennsylvania and New Jersey. Ads that target those residents should also clear the neighboring states' rules linked below.
How federal rules layer on top
A Delaware board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Delaware Consumer Fraud Act (6 Del. C. §2511 and following) can reach the same ad even when the board does not act.
- FTC Act, Section 5. Advertising may not be deceptive or unfair, and health claims need competent and reliable evidence behind them before they run.
- FTC Endorsement Guides (16 CFR Part 255). Testimonials must reflect the real experience and honest opinion of the person quoted. Free or discounted treatment, payment, employment or family ties are material connections that must be disclosed clearly. If a testimonial describes results, the FTC reads it as a claim that others can expect similar results, so you need support for that.
- FTC Rule on Consumer Reviews and Testimonials (16 CFR Part 465). In effect since October 21, 2024. It bans fake reviews and testimonials, buying reviews that are conditioned on what they say, undisclosed reviews by owners or staff, and using threats or false accusations to suppress negative reviews.
- HIPAA (45 CFR 164.508). Using a patient's information in marketing, including testimonials, photos and case stories, generally requires the patient's signed authorization. Replies to online reviews that confirm someone is a patient or discuss their care can be an impermissible disclosure, and HHS has settled enforcement cases with practices over review replies.
- TCPA (47 U.S.C. 227) and FCC rules. Marketing calls and texts sent with an autodialer or a prerecorded or artificial voice need the recipient's prior express written consent, and do-not-call rules apply.
In practice the strictest applicable rule wins. Our team reviews Delaware campaigns against the board rules above first, then against this federal layer. You can read more about how we run that review on how we work.
Compliance checklist for Delaware practices
Use this before any campaign goes live. The first items in each group come from the Delaware rules above; the rest apply to every US practice.
Website and landing pages
- Brand names and DBAs clearly identify the licensed practice and physicians (§1731(b)(4)).
- Owned ancillary services are presented with financial-interest disclosure (Reg. 8.1.10).
- Every factual claim (years in practice, procedure counts, awards, credentials) has a dated source you can produce on request.
- Provider bios state the license type and any board certification, naming the certifying board.
- Before-and-after galleries use the practice's own patients, unretouched beyond lighting, each backed by a signed HIPAA authorization.
Paid search and social ads
- Creative reviewed for tone as well as accuracy under the "unethical or unprofessional" standard (§1731(b)(7)).
- Price, discount and "free" offers state their conditions in the ad or on the first page the click lands on.
- No promise of a specific outcome in headlines, extensions, thumbnails or video voice-over.
- The landing page identifies the practice entity and the clinician responsible for care.
Social media and influencers
- Paid or comped creators, patient ambassadors and staff disclose the relationship in the post itself, not only in a bio.
- Patient stories and photos are posted only with a current HIPAA marketing authorization on file.
Reviews and reputation
- Review requests go to all patients the same way; no gating, no incentives tied to positive reviews, no purchased reviews (16 CFR Part 465).
- Replies to online reviews never confirm that the reviewer is a patient or mention their care.
Records
- Keep dated copies of every ad, landing page, testimonial authorization and substantiation file, so you can answer a board inquiry quickly.
- Re-check this list whenever the Delaware board or legislature changes its rules; the sources section shows where to look.
Delaware medical advertising rules: common questions
What is Delaware's rule on physician advertising?
24 Del. C. §1731(b)(7) makes advertising the practice of medicine in an unethical or unprofessional manner unprofessional conduct, and Board Regulation 8.1.6 lists fraudulent advertising as dishonorable or unethical conduct under §1731(b)(3).
Can an accurate ad still break Delaware's rule?
Potentially. The statute asks whether advertising is unethical or unprofessional, not only whether it is false, so the Board can consider tone and presentation as well as accuracy.
Can Delaware physicians pay for referrals?
Board Regulation 8.1.9 lists payment of a fee by a physician to a referring physician as unethical unless the fee is in proportion to work actually performed by the referring physician. Federal anti-kickback rules may also apply where government payers are involved.
What penalties apply in Delaware?
Under §1731(a) the Board may levy a fine, restrict, suspend or revoke the certificate to practice, or take other appropriate action, which may include required continuing education.
Do Delaware dentists follow the same rule?
No. Dentists are regulated by the Delaware Board of Dentistry and Dental Hygiene under Chapter 11 of Title 24, which has its own conduct standards. The federal FTC, HIPAA and TCPA rules on this page apply to dentists too.
Is this guide legal advice for my Delaware practice?
No. It is marketing guidance written against the Delaware sources listed below as of 2026. Rules change and boards interpret them case by case, so confirm specific claims with a health care attorney licensed in Delaware or with the board before you publish.
Sources
Official Delaware sources first, then the federal rules. We read each one for this guide in 2026; check for later amendments before relying on a specific provision.
- 24 Del. C. Chapter 17, Subchapter IV, including §1731 Unprofessional conduct
- 24 Del. Admin. Code 1700-8.0, Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public
- Delaware Board of Medical Licensure and Discipline (Division of Professional Regulation)
- FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255
- FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465
- HIPAA Privacy Rule, uses and disclosures requiring authorization (marketing), 45 CFR 164.508
- Telephone Consumer Protection Act, 47 U.S.C. 227
Neighboring states and related guides
Get your Delaware marketing reviewed before a complaint does it for you
A member of our Sr. Leadership team will walk through your website, ads and review replies against the Delaware rules on this page and the federal layer, and tell you what to change first. Engagements start from $499/month, custom-scoped, with Goals-Driven engagements and Performance-Linked Payout Models available. Every US client signs a Business Associate Agreement with Ichelon Consulting US.