Louisiana State Board of Medical Examiners advertising rules: a 2026 guide
Louisiana's Medical Practice Act lets the Louisiana State Board of Medical Examiners discipline a physician for "solicitation of patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive, or misleading" (La. R.S. 37:1285(A)(7)). The same section sets a specific test for "board certified" claims, which must name the full certifying board and specialty, and bars accepting anything of value for patient referrals.
- La. R.S. 37:1285(A)(7): solicitation of patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive or misleading.
- (A)(32): holding yourself out as certified by a board or as "board certified" is a ground for discipline unless the ad includes the full name of the board and the specialty or subspecialty, and the board is an ABMS member board or AOA certifying board, is approved by the LSBME, or requires ACGME- or AOA-approved postgraduate training providing complete training in the specialty.
- If a physician advertises and does not meet those criteria, (A)(32)(c) requires the ad to list the physician's qualifications for performing the advertised procedures.
- (A)(19): soliciting, accepting or receiving anything of economic value in return for and based on referring patients, or in return for prescribing medications or medical devices.
- Louisiana dentists are regulated by the Louisiana State Board of Dentistry; the federal FTC, HIPAA and TCPA rules apply to all practices.
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Who regulates medical advertising in Louisiana
The Louisiana State Board of Medical Examiners (LSBME) licenses and disciplines physicians and a range of allied health professions. La. R.S. 37:1285(A) lists the causes for which it may refuse, suspend or revoke a license or impose restrictions, and several of them shape marketing. The Board publishes the Physician Practice Act on its website; the version reviewed for this guide is dated May 2024. Dentists are regulated by the Louisiana State Board of Dentistry.
Paragraph (A)(7) is the general advertising standard: solicitation of patients or self-promotion through advertising or communication, public or private, that is fraudulent, false, deceptive or misleading. Two details stand out. "Self-promotion" is broader than paid advertising and covers bios, interviews, social posts and award announcements. "Public or private" means one-to-one messages, such as direct messages, emails and texts to prospective patients, are covered as well as public ads.
Paragraph (A)(32) sets a specific test for board-certification claims. Holding yourself out "in any manner" as certified by a public or private board, including a multidisciplinary board, or as "board certified," is a ground for discipline unless both conditions are met: the ad includes the full name of the certifying board and the name of the specialty or subspecialty, and the board is an American Board of Medical Specialties member board or American Osteopathic Association certifying board, has been approved by the LSBME, or requires an ACGME- or AOA-approved postgraduate training program that provides complete training in that specialty or subspecialty. If a physician advertises and does not meet any of those criteria, the ad must list the physician's qualifications for performing the advertised procedures.
Paragraph (A)(19) is the referral provision. It covers soliciting, accepting or receiving anything of economic value in return for and based on referring patients to another person, firm or corporation, or in return for prescribing medications or medical devices. That reaches some co-marketing arrangements with labs, pharmacies and device sellers as well as classic kickbacks.
The Louisiana rules, citation by citation
These are the paragraphs of La. R.S. 37:1285(A) that most often apply to Louisiana medical marketing.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| La. R.S. 37:1285(A)(7) | Solicitation of patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive or misleading. | Covers private messages and self-promotion, not only paid ads. |
| 37:1285(A)(32)(a) | A "board certified" claim must include the full name of the certifying board and the specialty or subspecialty. | Write the full board name every time; abbreviations alone are risky. |
| 37:1285(A)(32)(b) | The board must be an ABMS member board or AOA certifying board, approved by the LSBME, or require ACGME/AOA-approved postgraduate training providing complete training in the specialty. | Certificates from short courses or societies do not qualify as "board certified". |
| 37:1285(A)(32)(c) | If the criteria are not met and the physician advertises, the ad must list the physician's qualifications for performing the advertised procedures. | Aesthetic and cosmetic ads by physicians outside the matching specialty need a qualifications statement. |
| 37:1285(A)(19) | Soliciting, accepting or receiving anything of economic value for referring patients, or for prescribing medications or medical devices. | Review co-marketing with labs, pharmacies and device companies. |
Common ad elements: allowed, restricted, risky
Louisiana's statute is specific about certification claims and broad about self-promotion. The statuses below reflect both.
| Ad element | Status in Louisiana | Practical rule |
|---|---|---|
| "Board certified" without full board name | Prohibited | R.S. 37:1285(A)(32)(a) requires the full board name and specialty. |
| Certification from a non-qualifying board | Restricted | Cannot be called board certification unless (A)(32)(b) is met; list qualifications instead. |
| Cosmetic procedures by physicians outside the matching specialty | Allowed with obligations | Ads must list the physician's qualifications for the advertised procedures (A)(32)(c). |
| Direct messages and private outreach | Allowed with care | "Public or private" communications are covered by (A)(7). |
| Patient testimonials | Allowed with care | Not misleading; HIPAA authorization; incentives disclosed. |
| Co-marketing with labs, pharmacies or device sellers | Restricted | Nothing of economic value for referrals or prescriptions (A)(19). |
| Discounts and "free" offers | Allowed with care | Disclose all conditions. |
Louisiana-specific points to watch
A precise certification test
Louisiana spells out exactly what a "board certified" claim needs: the full board name, the specialty, and a qualifying board. Build that wording into templates for bios and ads.
Qualifications disclosure for cross-specialty procedures
If a physician advertises procedures without meeting the certification criteria, the ad must list the physician's qualifications for performing them. This often applies to aesthetic services.
Private communications count
(A)(7) covers advertising or communication "public or private." Sales follow-ups, DMs and texts are held to the same standard as public ads.
Prescribing-linked payments
(A)(19) covers value received for prescribing medications or devices as well as for patient referrals, which matters for pharmacy and device partnerships.
How federal rules layer on top
A Louisiana board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Louisiana Unfair Trade Practices and Consumer Protection Law (La. R.S. 51:1401 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 Louisiana 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 Louisiana practices
Use this before any campaign goes live. The first items in each group come from the Louisiana rules above; the rest apply to every US practice.
Website and landing pages
- "Board certified" always includes the full board name and specialty (La. R.S. 37:1285(A)(32)(a)).
- Procedure ads by physicians outside the matching certification list their qualifications (A)(32)(c).
- 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
- No co-marketing payments tied to referrals or prescriptions (A)(19).
- 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
- DMs, texts and emails to prospects meet the same standard as public ads (A)(7).
- 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 Louisiana board or legislature changes its rules; the sources section shows where to look.
Louisiana medical advertising rules: common questions
What is Louisiana's rule on physician advertising?
La. R.S. 37:1285(A)(7) lets the Louisiana State Board of Medical Examiners discipline physicians for solicitation of patients or self-promotion through advertising or communication, public or private, that is fraudulent, false, deceptive or misleading.
How must Louisiana physicians advertise board certification?
Under La. R.S. 37:1285(A)(32), the ad must include the full name of the certifying board and the specialty or subspecialty, and the board must be an ABMS member board or AOA certifying board, approved by the LSBME, or require ACGME- or AOA-approved postgraduate training providing complete training in the specialty.
What if a Louisiana physician advertises procedures outside their certification?
If the physician does not meet the (A)(32) criteria and advertises, the ad must list the physician's qualifications for performing the advertised procedures.
Can Louisiana physicians receive payments for referrals?
No. La. R.S. 37:1285(A)(19) covers soliciting, accepting or receiving anything of economic value in return for and based on referring patients, or for prescribing medications or medical devices.
Do Louisiana rules cover private messages to prospective patients?
Yes. Paragraph (A)(7) applies to advertising or communication, public or private, that is fraudulent, false, deceptive or misleading.
Is this guide legal advice for my Louisiana practice?
No. It is marketing guidance written against the Louisiana 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 Louisiana or with the board before you publish.
Sources
Official Louisiana 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.
- Louisiana Physician Practice Act, La. R.S. 37:1261 and following, including 37:1285 (Louisiana State Board of Medical Examiners, May 2024)
- Louisiana State Board of Medical Examiners, Laws
- 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 Louisiana 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 Louisiana 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.