Hawaii Medical Board advertising rules: a 2026 guide for practices
The Hawaii Medical Board can revoke, limit or suspend a license for "engaging in false, fraudulent, or deceptive advertising," and HRS §453-8(a)(3) names three examples: excessive claims of expertise in a medical specialty, assuring a permanent cure for an incurable disease, and any untruthful and improbable statement in advertising a medical or surgical practice. Hawaii's broad consumer-protection law, HRS §480-2, applies to the same ads.
- HRS §453-8(a)(3) lists engaging in false, fraudulent or deceptive advertising as grounds to revoke, limit or suspend a license.
- The statute names three examples, "including but not limited to": (A) making excessive claims of expertise in one or more medical specialty fields; (B) assuring a permanent cure for an incurable disease; (C) making any untruthful and improbable statement in advertising one's medical or surgical practice or business.
- The Hawaii Medical Board is administratively attached to the Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division.
- HRS §480-2 declares unfair methods of competition and unfair or deceptive acts or practices in commerce unlawful, which adds consumer-protection exposure.
- Dentists are licensed by the separate Hawaii Board of Dentistry; the federal FTC, HIPAA and TCPA rules on this page apply to all practices.
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Who regulates medical advertising in Hawaii
The Hawaii Medical Board licenses and disciplines physicians (MD and DO) and physician assistants. It is administratively attached to the Department of Commerce and Consumer Affairs, through the Professional and Vocational Licensing Division, and complaints about licensees are handled through DCCA. Dentists are regulated by the Hawaii Board of Dentistry under a separate chapter.
Hawaii's advertising standard is in the statute. HRS §453-8(a) lists the grounds on which a license may be revoked, limited or suspended, and paragraph (3) covers engaging in false, fraudulent or deceptive advertising. Rather than leave that phrase open, the legislature listed examples. The list is not exhaustive ("including but not limited to"), but it shows what the Board is likely to look at first.
The first example, "excessive claims of expertise in one or more medical specialty fields," is the one most practices trip over. It reaches copy like "Honolulu's leading expert in" or "the most experienced injector on Maui," and bios that list several specialties when the physician is trained and certified in one. The second, "assuring a permanent cure for an incurable disease," targets chronic-condition marketing such as pain, autoimmune disease, hair loss or neuropathy. The third, "any untruthful and improbable statement," is a catch-all that covers outcome promises, inflated statistics and claims that sound too good to be true.
Hawaii's general consumer-protection law sits on top. HRS §480-2 makes unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce unlawful, so a misleading medical ad can draw consumer-protection attention as well as Board discipline.
The Hawaii rules, citation by citation
Hawaii's advertising rule fits in one paragraph of statute, but its three examples give a clear picture of what the Board treats as deceptive.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| HRS §453-8(a)(3) | Engaging in false, fraudulent or deceptive advertising is grounds to revoke, limit or suspend a license. | Applies to every channel: website, Google Business Profile, ads, social, email and print. |
| §453-8(a)(3)(A) | Making excessive claims of expertise in one or more medical specialty fields. | Be precise about specialty training and certification; avoid "leading expert" style claims. |
| §453-8(a)(3)(B) | Assuring a permanent cure for an incurable disease. | No "permanent cure" or "fix it for good" claims for chronic conditions. |
| §453-8(a)(3)(C) | Making any untruthful and improbable statement in advertising one's medical or surgical practice or business. | Outcome promises and inflated numbers are the usual problem. |
| HRS §480-2 | Unfair methods of competition and unfair or deceptive acts or practices in trade or commerce are unlawful. | Consumer-protection exposure exists alongside Board discipline. |
Common ad elements: allowed, restricted, risky
The three statutory examples translate directly into creative choices. The status column reflects how they apply to common ad elements.
| Ad element | Status in Hawaii | Practical rule |
|---|---|---|
| "Leading expert" or specialty-expert claims | High risk | Directly targeted by §453-8(a)(3)(A). |
| "Permanent cure" or "fix it for good" | Prohibited for incurable conditions | Directly targeted by §453-8(a)(3)(B). |
| Outcome statistics | Allowed with care | Only with data you can produce; improbable claims fall under (a)(3)(C). |
| Patient testimonials | Allowed with care | Genuine, typical or contextualized, HIPAA authorization, incentives disclosed. |
| Before-and-after photos | Allowed with care | Own patients, unedited results, signed authorization. |
| Ads aimed at visitors | Allowed with care | The same rules apply to tourist-facing campaigns as to resident-facing ones. |
| Discounts and "free" offers | Allowed with care | Disclose conditions; deceptive pricing also engages HRS §480-2. |
Hawaii-specific points to watch
The statute names its examples
Hawaii is specific about what deceptive advertising looks like: specialty-expertise claims, permanent-cure claims and improbable statements. Build your review checklist around those three.
Specialty claims are the biggest trap
Excessive claims of specialty expertise are listed first. Bios, Google Business Profile categories and service pages should match actual training and board certification.
Visitor-facing marketing
Many Hawaii practices market to visitors as well as residents, including aesthetic and wellness services. Those campaigns are still Hawaii advertising and need the same review.
Consumer-protection overlap
HRS §480-2 is broad. A deceptive pricing or outcome claim can be a consumer-protection issue even before the Board looks at it.
How federal rules layer on top
A Hawaii board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and Hawaii's unfair and deceptive practices law (HRS §480-2) 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 Hawaii 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 Hawaii practices
Use this before any campaign goes live. The first items in each group come from the Hawaii rules above; the rest apply to every US practice.
Website and landing pages
- No "leading expert" or multi-specialty expertise claims beyond actual training and certification (HRS §453-8(a)(3)(A)).
- No permanent-cure claims for incurable conditions (§453-8(a)(3)(B)).
- 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
- Outcome numbers and success rates are backed by data you can produce (§453-8(a)(3)(C)).
- 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 Hawaii board or legislature changes its rules; the sources section shows where to look.
Hawaii medical advertising rules: common questions
What is Hawaii's rule on medical advertising?
HRS §453-8(a)(3) makes engaging in false, fraudulent or deceptive advertising grounds for the Hawaii Medical Board to revoke, limit or suspend a license, and lists examples including excessive specialty-expertise claims, permanent-cure claims and untruthful or improbable statements.
Can a Hawaii physician advertise as an expert?
Carefully. §453-8(a)(3)(A) lists making excessive claims of expertise in one or more medical specialty fields as deceptive advertising. Describe training and certification accurately rather than ranking yourself.
Can Hawaii ads mention cures?
Not for incurable diseases. §453-8(a)(3)(B) lists assuring a permanent cure for an incurable disease as deceptive advertising.
Who handles complaints about Hawaii medical ads?
The Hawaii Medical Board, which is administratively attached to the Department of Commerce and Consumer Affairs. Consumer-protection issues under HRS §480-2 can be pursued separately.
Do Hawaii dentists follow the same rule?
No. Dentists are regulated by the Hawaii Board of Dentistry under their own statute. The federal FTC, HIPAA and TCPA rules on this page apply to dental practices too.
Is this guide legal advice for my Hawaii practice?
No. It is marketing guidance written against the Hawaii 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 Hawaii or with the board before you publish.
Sources
Official Hawaii 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.
- HRS §453-8, Revocation, limitation, suspension, or denial of license (Hawaii State Legislature)
- Hawaii Medical Board (DCCA, Professional and Vocational Licensing)
- 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 Hawaii 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 Hawaii 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.