Kentucky Board of Medical Licensure advertising rules: a 2026 guide
Kentucky physicians can be disciplined under KRS 311.595(9) for dishonorable, unethical or unprofessional conduct, and KRS 311.597(2) says that includes publishing "grossly improbable or extravagant statements" that tend to deceive or defraud the public, such as claims to cure with methods of little therapeutic value. The Kentucky Board of Medical Licensure's separate advertising regulation, 201 KAR 9:018, expired on March 1, 2020, so the statute and medical ethics codes now set the standard.
- KRS 311.597(2): issuing, publishing or making oral or written representations with grossly improbable or extravagant statements that tend to deceive or defraud the public, including claims to cure with methods the licensee knows have little or no therapeutic value.
- The same paragraph covers holding yourself out as able to treat under a system or school of practice other than the one you are licensed or trained in. Actual injury to a patient need not be shown.
- KRS 311.597(4) treats departures from the principles of medical ethics of the American Medical Association, or the code of ethics of the American Osteopathic Association, as unprofessional conduct. That brings the AMA's ethics guidance on advertising into Kentucky's standard.
- 201 KAR 9:018, the Board's former advertising regulation, expired on March 1, 2020. Guides that quote it describe rules no longer in force.
- KRS 311.597(1)(e) bars prescribing in response to electronic communications without verifying identity, documenting a diagnosis and keeping a record; a questionnaire alone is not an adequate evaluation. That shapes how telehealth prescribing can be advertised.
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Who regulates medical advertising in Kentucky
The Kentucky Board of Medical Licensure licenses and disciplines physicians (MD and DO) and several other professions. KRS 311.595 lists the grounds on which it can deny, probate, suspend or revoke a license; paragraph (9) covers dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, and KRS 311.597 defines what that includes. Dentists are regulated separately by the Kentucky Board of Dentistry.
KRS 311.597(2) is the advertising provision. It covers issuing, publishing or making oral or written representations in which grossly improbable or extravagant statements are made that have a tendency to deceive or defraud the public or a member of it. Two examples are given: claiming to cure or treat diseases by a method, procedure, treatment or medicine the licensee knows or has reason to know has little or no therapeutic value; and holding yourself out as able and willing to treat under a system or school of practice other than the one you are licensed in, hold a degree from, or that you profess to be self-taught. The statute says actual injury to a patient need not be shown. In the version reviewed for this guide, effective July 15, 2002, this text is unchanged; check for later amendments.
The Board used to have a dedicated advertising regulation, 201 KAR 9:018. It expired on March 1, 2020 under a 2019 law (HB 4) that set expiration dates for older regulations. Kentucky therefore has no current regulation spelling out advertising mechanics. That makes KRS 311.597(4) more important: it treats any departure from the principles of medical ethics of the American Medical Association, or the code of ethics of the American Osteopathic Association, as unprofessional conduct. The AMA's ethics opinion on advertising and publicity, which asks physicians to make sure their advertising is truthful and not misleading, is effectively part of Kentucky's standard.
Telehealth marketing has its own constraint. KRS 311.597(1)(e) covers prescribing or dispensing in response to a communication received electronically without verifying the patient's identity, establishing a documented diagnosis through accepted medical practices and keeping a current medical record, and says an online or telephonic evaluation by questionnaire is inadequate. Ads that promise "get your prescription in minutes, no visit needed" invite scrutiny under that paragraph.
The Kentucky rules, citation by citation
Kentucky's current standard comes from statute and incorporated ethics codes rather than a dedicated advertising regulation.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| KRS 311.597(2) | Representations with grossly improbable or extravagant statements that tend to deceive or defraud the public, including cure claims for methods of little or no therapeutic value. | Outcome and cure claims need evidence; injury need not be shown for discipline. |
| KRS 311.597(2)(b) | Holding out as able to treat under a system or school of practice other than the one licensed or trained in, or one that is self-taught. | Be precise when marketing integrative, functional or alternative approaches. |
| KRS 311.597(4) | Departure from AMA principles of medical ethics or the AOA code of ethics is unprofessional conduct. | The AMA's advertising ethics guidance applies in practice. |
| KRS 311.597(1)(e) | Prescribing in response to electronic communications without verifying identity, documenting a diagnosis and keeping a record; questionnaire-only evaluation is inadequate. | Telehealth ads should not promise prescriptions without a real evaluation. |
| 201 KAR 9:018 | Former Board advertising regulation; expired March 1, 2020. | Do not rely on guides that still quote it. |
Common ad elements: allowed, restricted, risky
Without a current regulation, Kentucky reviews turn on whether a statement is improbable, extravagant or unethical. The statuses below reflect that.
| Ad element | Status in Kentucky | Practical rule |
|---|---|---|
| Cure claims for chronic conditions | High risk | Directly targeted by KRS 311.597(2)(a) where the method has little therapeutic value. |
| Extravagant outcome promises | High risk | "Grossly improbable or extravagant statements" are the core of 311.597(2). |
| Integrative or alternative-system branding | Allowed with care | Must match the clinician's license and training (311.597(2)(b)). |
| Telehealth "no visit" prescription offers | High risk | Questionnaire-only evaluation is inadequate under 311.597(1)(e). |
| Patient testimonials | Allowed with care | Truthful and not misleading under AMA ethics; HIPAA authorization; incentives disclosed. |
| Before-and-after photos | Allowed with care | Own patients, unedited results, signed authorization. |
| Discounts and "free" offers | Allowed with care | Disclose conditions; state consumer-protection law also applies. |
Kentucky-specific points to watch
No current advertising regulation
Kentucky's advertising regulation expired in 2020. The standard now comes from KRS 311.597 and the ethics codes it incorporates.
Ethics codes are law here
KRS 311.597(4) makes departures from AMA or AOA ethics principles unprofessional conduct, which brings their advertising guidance into the legal standard.
Telehealth prescribing ads
KRS 311.597(1)(e) rules out questionnaire-only prescribing. Telehealth brands advertising to Kentuckians should describe a real evaluation.
No injury required
The Board does not need to show a patient was harmed to act on improbable or extravagant statements under 311.597(2).
How federal rules layer on top
A Kentucky board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Kentucky Consumer Protection Act (KRS 367.170) 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 Kentucky 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 Kentucky practices
Use this before any campaign goes live. The first items in each group come from the Kentucky rules above; the rest apply to every US practice.
Website and landing pages
- No cure or extravagant outcome claims (KRS 311.597(2)).
- Integrative and alternative services described within the clinician's license and training (KRS 311.597(2)(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
- Telehealth ads do not promise prescriptions without a real evaluation (KRS 311.597(1)(e)).
- 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
- Internal policies no longer cite the expired 201 KAR 9:018.
- 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 Kentucky board or legislature changes its rules; the sources section shows where to look.
Kentucky medical advertising rules: common questions
What law governs physician advertising in Kentucky?
KRS 311.597(2), which treats publishing grossly improbable or extravagant statements that tend to deceive or defraud the public as dishonorable, unethical or unprofessional conduct under KRS 311.595(9).
Is 201 KAR 9:018 still in effect?
No. The Kentucky Board of Medical Licensure's advertising regulation, 201 KAR 9:018, expired on March 1, 2020.
Do AMA ethics rules apply to Kentucky physician ads?
In effect, yes. KRS 311.597(4) makes any departure from the principles of medical ethics of the American Medical Association, or the AOA code of ethics, unprofessional conduct.
Can telehealth companies advertise quick prescriptions in Kentucky?
Carefully. KRS 311.597(1)(e) requires identity verification, a documented diagnosis and a medical record for prescriptions in response to electronic communications, and says a questionnaire-only evaluation is inadequate.
Who regulates Kentucky dentists' advertising?
The Kentucky Board of Dentistry, under its own statutes and regulations. The federal FTC, HIPAA and TCPA rules on this page apply to dental practices too.
Is this guide legal advice for my Kentucky practice?
No. It is marketing guidance written against the Kentucky 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 Kentucky or with the board before you publish.
Sources
Official Kentucky 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.
- KRS 311.597, Acts declared to constitute dishonorable, unethical, or unprofessional conduct (published text)
- 201 KAR 9:018 status page, Kentucky Legislature (expired March 1, 2020)
- KRS 311.595, Kentucky Legislature
- Kentucky Board of Medical Licensure
- AMA Code of Medical Ethics, Advertising and Publicity
- 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 Kentucky 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 Kentucky 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.