Kansas Board of Healing Arts advertising rules: a 2026 guide for practices
Kansas writes its physician advertising rules into the Healing Arts Act. K.S.A. 65-2837(b) treats as unprofessional conduct soliciting patients through false or fraudulent ads, advertising professional superiority, advertising a guaranteed or "painless" service, and using titles for a branch of the healing arts you are not licensed in, and 65-2837(c) defines a false advertisement to include misleading omissions. The Kansas State Board of Healing Arts enforces it.
- K.S.A. 65-2837(b)(1): soliciting professional patronage through fraudulent or false advertisements, or profiting from people who present themselves as the licensee's agents.
- (b)(7): advertising professional superiority or the performance of professional services in a superior manner. (b)(8): advertising to guarantee any professional service or to perform any operation painlessly.
- (b)(4): using letters, words or terms, in ads or otherwise, indicating you are entitled to practice a branch of the healing arts for which you are not licensed. (b)(2): representing that a manifestly incurable condition can be permanently cured.
- (b)(19): giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, outside lawful professional entities.
- 65-2837(c) defines a false advertisement as one that is false, misleading or deceptive in a material respect, taking into account what it fails to reveal as well as what it says; (d) defines advertisement broadly.
- Dallas, Texas LLC
- 10-person US client team · Central Time (CST)
- 25+ US healthcare clients
- BAA signed with every client
- HIPAA compliance training across client and delivery teams
- Contracts and invoices in USD
-
Primary Care · North Dallas, TXCase study →
-
MedSpa · North Dallas, TX
-
Skin Care · Beverly Hills, CA
-
Dental · Christiansburg, VACase study →
-
Pediatrics · Blacksburg, VACase study →
-
Pediatric Dentistry · Blacksburg, VACase study →
-
Dental · Roanoke, VACase study →
-
Functional Medicine · Telehealth · USACase study →
“They were able to get all my ideas and work with me over a period of three to four months and create this amazing website. It's super customized, very modern, and it incorporates all the elements that I had wanted — the patient portal, nice pictures, a very interactive website, patient reviews. I would highly recommend their company to anyone who wants to make an excellent website.”
Who regulates medical advertising in Kansas
The Kansas State Board of Healing Arts licenses and disciplines medical doctors, doctors of osteopathic medicine and chiropractors, along with several other professions. All three branches of the healing arts are covered by the same unprofessional-conduct list in K.S.A. 65-2837. Dentists are regulated separately by the Kansas Dental Board.
K.S.A. 65-2837(b) is detailed. Beyond the general ban on soliciting patronage through fraudulent or false advertisements in (b)(1), it names specific claims: advertising professional superiority or the performance of services in a superior manner (b)(7), advertising to guarantee any professional service or to perform any operation painlessly (b)(8), and using any letters, words or terms in ads or otherwise to suggest you are entitled to practice a branch of the healing arts you are not licensed in (b)(4). For marketing teams that rules out "the best," "the most advanced," "guaranteed results" and "pain-free surgery" in Kansas copy.
Subsection (c) defines "false advertisement" as any advertisement that is false, misleading or deceptive in a material respect, and says that in deciding whether an ad is misleading, the Board considers both what the ad says or suggests, through words, design, device or sound, and the extent to which it fails to reveal facts material in light of what it does say. Subsection (d) defines "advertisement" as all representations disseminated in any manner or by any means for the purpose of inducing, or likely to induce, the purchase of professional services. That covers websites, social posts, video and review-site profiles.
The statute's annotations note a 1979 federal decision, Bolton v. Kansas State Board of Healing Arts, that held parts of an earlier version unconstitutional as applied to truthful advertising by chiropractors. The current superiority and guarantee items remain on the books. Treat them as live, and take legal advice before relying on a constitutional argument.
The Kansas rules, citation by citation
These are the K.S.A. 65-2837 items that shape Kansas healthcare marketing, with the statute's own definitions.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| K.S.A. 65-2837(b)(1) | Solicitation of professional patronage through fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee. | You are responsible for agencies and affiliates who market for you. |
| 65-2837(b)(7) | Advertising professional superiority or the performance of professional services in a superior manner. | Drop "best", "top", "most advanced" and "superior" from Kansas copy. |
| 65-2837(b)(8) | Advertising to guarantee any professional service or to perform any operation painlessly. | No guarantees, and no "painless" or "pain-free" procedure claims. |
| 65-2837(b)(4) | Using any letters, words or terms, on stationery, in ads or otherwise, indicating entitlement to practice a branch of the healing arts for which the person is not licensed. | Titles and credentials must match each clinician's license. |
| 65-2837(b)(19) | Giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, other than through lawful professional entities. | Per-referral payments and fee-sharing with marketers need legal review. |
Common ad elements: allowed, restricted, risky
Kansas names specific claims in its statute, so many creative decisions are clearer here than in states with a general standard.
| Ad element | Status in Kansas | Practical rule |
|---|---|---|
| Superiority claims ("best", "leading", "most advanced") | Prohibited | K.S.A. 65-2837(b)(7). |
| Guarantees and "money-back" outcome promises | Prohibited | 65-2837(b)(8). |
| "Painless" or "pain-free" procedure claims | Prohibited | 65-2837(b)(8) bars advertising to perform any operation painlessly. |
| Patient testimonials | Allowed with care | Must not imply superiority or guaranteed results; HIPAA authorization; incentives disclosed. |
| Before-and-after photos | Allowed with care | Own patients, unedited, with context so they do not read as a guarantee. |
| Titles and credentials | Restricted | No terms implying a branch you are not licensed in (b)(4). |
| Ads that omit key conditions | High risk | Material omissions make an ad false under 65-2837(c). |
Kansas-specific points to watch
Superiority claims are banned outright
Kansas does not ask whether a superiority claim is substantiated; (b)(7) lists advertising professional superiority as unprofessional conduct. Rewrite comparative headlines.
"Painless" is named
The statute specifically bars advertising to perform any operation painlessly, a phrase common in dental, laser and minimally invasive surgery marketing.
Omissions count
Under 65-2837(c), the Board weighs what an ad fails to reveal. Offers without conditions and results without context are exposed.
Agents and affiliates
(b)(1) reaches profiting from people representing themselves as your agents. Agency, affiliate and lead-gen partners' ads are your risk too.
How federal rules layer on top
A Kansas board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Kansas Consumer Protection Act (K.S.A. 50-623 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 Kansas 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 Kansas practices
Use this before any campaign goes live. The first items in each group come from the Kansas rules above; the rest apply to every US practice.
Website and landing pages
- No superiority language in your own voice (K.S.A. 65-2837(b)(7)).
- No "painless", "pain-free" or guaranteed-result claims (65-2837(b)(8)).
- 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
- Agency and affiliate ads reviewed as your own (65-2837(b)(1)).
- Offers include material conditions; omissions can make an ad false (65-2837(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 Kansas board or legislature changes its rules; the sources section shows where to look.
Kansas medical advertising rules: common questions
What does Kansas law say about physician advertising?
K.S.A. 65-2837(b) lists several advertising items as unprofessional conduct, including soliciting patients through false or fraudulent ads, advertising professional superiority, advertising guarantees or painless operations, and using titles for a branch of the healing arts you are not licensed in.
Can a Kansas practice say it is the best?
No. K.S.A. 65-2837(b)(7) lists advertising professional superiority or the performance of services in a superior manner as unprofessional conduct.
Can Kansas practices advertise "painless" procedures?
No. K.S.A. 65-2837(b)(8) bars advertising to guarantee any professional service or to perform any operation painlessly.
Who enforces Kansas medical advertising rules?
The Kansas State Board of Healing Arts, which licenses medical doctors, doctors of osteopathic medicine and chiropractors. Dentists are regulated by the Kansas Dental Board.
Does Kansas count omissions as false advertising?
Yes. K.S.A. 65-2837(c) says the Board considers the extent to which an ad fails to reveal facts material in light of the representations it makes.
Is this guide legal advice for my Kansas practice?
No. It is marketing guidance written against the Kansas 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 Kansas or with the board before you publish.
Sources
Official Kansas 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.
- K.S.A. 65-2837, Professional incompetency; unprofessional conduct; definitions (Kansas Office of Revisor of Statutes)
- Kansas State Board of Healing Arts
- 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 Kansas 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 Kansas 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.