Nebraska medical board advertising rules: the Uniform Credentialing Act guide
Nebraska is one of the states with an explicit credential-disclosure law for health care ads. Under Neb. Rev. Stat. 38-124, any credential holder's advertisement for health care services must identify the type of credential held, and must not misstate skills, training, education, board certification or credentials. Untruthful, deceptive or misleading ads are grounds for discipline under 38-178(13).
- Nebraska physicians are regulated by the Board of Medicine and Surgery, with licensing administered by the Department of Health and Human Services (DHHS) Licensure Unit, under the Uniform Credentialing Act (Neb. Rev. Stat. Chapter 38, Article 1).
- 38-124: every advertisement for health care services must identify the type of credential held, and signs, announcements, stationery and ads must identify the profession.
- The same section bars any affirmative communication that misstates or falsely describes skills, training, expertise, education, board certification or credentials.
- 38-178(13) makes untruthful, deceptive or misleading statements in advertisements, including failing to comply with 38-124, a ground for discipline.
- 38-179 lists fee splitting for referrals and taking fees on the promise that an incurable disease will be cured as unprofessional conduct.
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Which boards regulate Nebraska healthcare advertising
Nebraska regulates most health professions through one framework, the Uniform Credentialing Act (UCA), with profession-specific boards. Physicians are overseen by the Board of Medicine and Surgery; the Department of Health and Human Services, Division of Public Health, Licensure Unit administers credentials and investigations. The Board's practice rules are in Title 172, Chapter 88 of the Nebraska Administrative Code.
Because the advertising sections sit in the UCA, the same rules apply to dentists (overseen by the Nebraska Board of Dentistry), nurse practitioners, physician assistants and other credential holders. A multi-specialty clinic can use one standard across its staff.
Neb. Rev. Stat. 38-124, 38-178 and 38-179, explained
38-124: what every ad must say
- Identify the credential. Any credential holder's advertisement for health care services must identify the type of credential held, using the titles and abbreviations allowed under that profession's practice act (for physicians, for example, M.D. or D.O.).
- No misstatement of qualifications. The ad must not include deceptive or misleading information, and must not misstate, falsely describe or falsely represent the holder's skills, training, expertise, education, board certification or credentials.
- Identify the profession. Signs, announcements, stationery and advertisements must identify the profession or business for which the credential is held.
- Credential available. Credential holders must make their current credential available on request.
38-178: disciplinary grounds
Subdivision (13) makes "use of untruthful, deceptive, or misleading statements in advertisements, including failure to comply with section 38-124" a ground for discipline. Subdivision (14) adds conviction of fraudulent or misleading advertising or of violating the Uniform Deceptive Trade Practices Act.
38-179: unprofessional conduct
- (1) Receiving fees on the assurance that an incurable disease can be permanently cured.
- (2) Dividing or agreeing to divide fees with anyone for bringing or referring a patient, with exceptions for partners, employees and similar relationships.
- (3) Obtaining fees by fraud, deceit or misrepresentation.
- (6) Using letters, words or terms, as a prefix or suffix, in ads or elsewhere, that suggest a person may practice a profession for which they are not credentialed.
The Board's rule at 172 NAC 88-009 adds, among other things, departing from the AMA's ethics standards and exploiting a patient for financial gain, including through promotion or sale of services, goods, appliances or drugs.
Allowed, prohibited, needs disclosure: the Nebraska working table
How we apply the Uniform Credentialing Act on Nebraska pre-publication reviews.
| Creative element | Status | Practical rule and basis |
|---|---|---|
| Clinician named without license type | Needs change | Every health care ad must identify the type of credential held (38-124). |
| "Board certified" | Allowed if accurate | No misstatement of board certification (38-124); name the certifying board. |
| "Specialist" or "expert" | Needs substantiation | Must not misstate skills, training or expertise (38-124). |
| Cure promises | Prohibited | Fees on assurance an incurable disease will be cured (38-179(1)); misleading claims (38-178(13)). |
| Pay-per-lead or per-patient referral fees | High risk | Dividing fees for referring a patient is unprofessional conduct (38-179(2)). Pay for advertising services, not per referred patient, and get legal review. |
| Med spa staff titles | Needs review | No titles implying a credential the person does not hold (38-179(6)). |
| Testimonials and before-and-after images | Allowed with care | Must not mislead (38-178(13)); HIPAA authorization; FTC disclosures. |
| Retail products sold in clinic | Needs review | No exploiting patients for financial gain through product promotion (172 NAC 88-009). |
What is different about Nebraska
Credential disclosure is the rule, not a best practice
In many states, naming the license type is good practice. In Nebraska, 38-124 makes it a requirement, and failing to comply is listed as a disciplinary ground. Check ad formats with tight character limits (search ads, map listings, social bios) to make sure the clinician's credential still shows.
Referral payments and lead generation
38-179(2) targets dividing fees for bringing or referring a patient. Marketing arrangements priced per booked patient or as a share of collections deserve legal review in Nebraska. Flat or time-based fees for advertising services are the more cautious structure.
Deceptive trade practices
38-178(14) ties licensing to a conviction under the Uniform Deceptive Trade Practices Act, so a consumer-protection finding can become a license issue too.
How federal rules layer on top of Nebraska law
Nebraska board rules sit on top of a federal floor that applies to every US practice. In short:
- FTC Act and the Endorsement Guides (16 CFR Part 255). Claims need a reasonable basis before they run. Reviews, testimonials and influencer posts must reflect real experience, and any material connection (payment, free treatment, staff or family ties) must be disclosed clearly. If results shown are not what patients generally get, say what they can generally expect.
- FTC rule on consumer reviews and testimonials (16 CFR Part 465, effective October 21, 2024). Bans fake or AI-invented reviews, buying positive reviews, undisclosed insider reviews and review suppression, with civil penalties available per violation.
- HIPAA marketing rule (45 CFR 164.501 and 164.508(a)(3)). Using a patient's protected health information in marketing (a named testimonial, a before-and-after photo, a case story) generally needs the patient's signed written authorization. Replying to an online review in a way that confirms someone is a patient can be an impermissible disclosure. Tracking pixels on pages that collect health information need a careful look too. See our HIPAA-compliant healthcare marketing guide.
- TCPA (47 U.S.C. 227; 47 CFR 64.1200). Marketing texts and autodialed or prerecorded calls to mobile phones need prior express written consent. Keep the consent record and honor opt-outs.
- CAN-SPAM. Marketing email needs an accurate sender, a non-deceptive subject line, a physical address and a working unsubscribe.
Platform policies (Google Ads healthcare and medicines policy, Meta's health and wellness ad rules) are a further layer. They can reject an ad that is lawful in Nebraska, so plan creative to clear all three: state rule, federal rule, platform rule.
Nebraska compliance checklist for website, ads, social and reviews
Website and provider pages
Every provider page and bio shows the credential type (M.D., D.O., PA-C, APRN, D.D.S.). Board certification claims name the board. Staff titles match actual credentials.
Paid search and paid social
Search ads, map listings and social bios still show the credential type despite character limits. Avoid cure language. Check that no vendor contract pays per referred patient.
Organic social and influencers
Disclose every material connection on the post itself (#ad or "paid partnership", plus free treatment or discounts). Get a HIPAA authorization before posting any patient image or story. Keep result claims to what patients generally achieve.
Reviews and reputation
Ask every patient the same way, never pay or discount for a review, and never gate or suppress negative ones. Reply without confirming that the reviewer is a patient or discussing their care; move details offline.
Credential audit
Quarterly, compare every name and title on the site, ads and listings with the Nebraska license lookup.
Substantiation file
For every factual claim (years in practice, procedure counts, certifications, "first" or "only" claims), keep a dated record of the evidence. Review the file when credentials, staff or services change.
Nebraska medical advertising: common questions
Does Nebraska require ads to show the provider's license type?
Yes. Neb. Rev. Stat. 38-124 requires any credential holder's advertisement for health care services to identify the type of credential held.
Can a Nebraska ad say "board certified"?
Yes, if accurate. 38-124 bars misstating board certification, so name the certifying board and keep proof current.
Is paying a marketing company per new patient allowed in Nebraska?
Be careful. 38-179(2) lists dividing fees with anyone for bringing or referring a patient as unprofessional conduct. Get legal advice on any per-patient or revenue-share structure.
Which board handles Nebraska physician advertising complaints?
The Board of Medicine and Surgery, with the DHHS Licensure Unit administering credentials and investigations under the Uniform Credentialing Act.
Do these rules apply to dentists and nurse practitioners?
Yes. 38-124, 38-178 and 38-179 are part of the Uniform Credentialing Act, which covers most Nebraska health professions.
Sources
Official Nebraska sources first, then federal. Where an official site blocked automated access, we confirmed the text through a published copy of the same section and say so below.
- Neb. Rev. Stat. 38-124, credential holder advertisement (Nebraska Legislature, official)
- Neb. Rev. Stat. 38-178 and 38-179 (Nebraska Legislature, official)
- Published copies used to confirm text: 38-124, 38-178, 38-179 (FindLaw)
- 172 NAC 88-009, unprofessional conduct (Cornell LII copy)
- Nebraska DHHS Licensure Unit, Medicine and Surgery
- FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (eCFR)
- FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465 (eCFR)
- Final rule notice, 89 Fed. Reg. (August 22, 2024), effective October 21, 2024 (GovInfo)
- HIPAA Privacy Rule, uses and disclosures requiring authorization, 45 CFR 164.508 (eCFR)
- HIPAA Privacy Rule definitions including "marketing", 45 CFR 164.501 (eCFR)
- TCPA implementing rules, 47 CFR 64.1200 (eCFR)
Neighboring states and next reads
Get your Nebraska marketing checked before it runs
Book a call with the Ichelon Consulting US team in Dallas (Central Time). We review your website, ads and review responses against the Nebraska rules above and the federal layer, then fix what needs fixing. Every US client signs a BAA with us; our client-facing team holds HIPAA compliance training certificates. Retainers are custom-scoped, from $499/month.