New Hampshire medical board advertising rules: the RSA 329:17 guide
New Hampshire physician advertising is governed by RSA 329:17 VI(g), which lets the Board of Medicine discipline a licensee who "has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority." Note the second half: in New Hampshire, a claim of professional superiority is itself a ground, with no substantiation exception written into the statute.
- The regulator is the New Hampshire Board of Medicine, administered through the Office of Professional Licensure and Certification (OPLC).
- RSA 329:17 VI(g): advertising with any statement tending to deceive or mislead the public, or any statement claiming professional superiority, is a ground for discipline.
- Board rule Med 501.02(h) requires licensees to follow the AMA Code of Medical Ethics (June 2016 edition, as adopted in the rules), which includes the AMA's guidance on advertising and publicity.
- Practical upshot: drop "best", "top", "leading" and similar comparative claims from New Hampshire physician marketing entirely, even if you think you can prove them.
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Which boards regulate New Hampshire healthcare advertising
The New Hampshire Board of Medicine licenses and disciplines physicians (M.D. and D.O.) and physician assistants under RSA Chapter 329. Administrative support, licensing and complaint intake run through the Office of Professional Licensure and Certification (OPLC). Board rules are in the "Med" chapters of the New Hampshire Code of Administrative Rules, with ethical standards in Part Med 501.
Dentists are licensed by the New Hampshire Board of Dental Examiners, also administered through OPLC, under separate rules.
RSA 329:17 VI(g) and Med 501.02, explained
Two separate tests in one sentence
RSA 329:17 VI(g) reaches a licensee who "has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority." Read it as two tests:
- Tending to deceive or mislead. The standard is "tending to", so the Board does not need to show anyone was actually misled. Omissions, cherry-picked results and imagery can all qualify.
- Claiming professional superiority. This is stated without any substantiation exception. "Best plastic surgeon in Manchester", "New Hampshire's top dermatologist" or "more experienced than any other practice" are risky even if a survey supports them.
Med 501.02: ethical standards
Med 501.02(h) requires licensees to adhere to the AMA Code of Medical Ethics: Current Opinions with Annotations (June 2016 edition) as cited in the rules. The AMA's opinions on advertising and publicity ask physicians to avoid deceptive claims, to be accurate about credentials and results, and to take care with testimonials. Through Med 501.02(h), those ethics opinions become an enforceable standard in New Hampshire.
Med 501.02(b) requires truthful, complete information in anything filed with or said to the Board, and Med 501.02(g) requires the office to have information on where patients can file complaints about treatment or billing.
Allowed, prohibited, needs disclosure: the New Hampshire working table
How we apply RSA 329:17 VI(g) on New Hampshire pre-publication reviews.
| Creative element | Status | Practical rule and basis |
|---|---|---|
| "Best", "top", "leading", "No. 1" | Avoid | Statements claiming professional superiority are a listed ground (VI(g)), with no substantiation exception in the text. |
| Third-party awards ("Top Doctor" lists) | High risk | Can read as a superiority claim. If used, state the publisher, year and selection method plainly, and get legal review. |
| Outcome guarantees | Prohibited in practice | Tends to mislead (VI(g)); AMA ethics via Med 501.02(h). |
| Testimonials | Allowed with care | Must not tend to mislead; typical results or clear disclosure; HIPAA authorization. |
| "Physician-run" or "doctor-led" | Needs to be true | Must reflect a New Hampshire-licensed physician's actual role. |
| Board certification | Allowed if accurate | Name the certifying board; inaccurate credentials tend to mislead. |
| Fee and discount ads | Allowed with care | Show conditions and expiry; no bait pricing. |
What is different about New Hampshire
Superiority claims are the distinctive New Hampshire risk
Many states allow comparative claims if you can prove them. New Hampshire's statute lists "any statement claiming professional superiority" as a ground in its own right. Write New Hampshire copy around facts (years in practice, procedures offered, training, certifications with the board named) rather than comparisons.
AMA ethics as a binding standard
Because Med 501.02(h) adopts the AMA Code of Medical Ethics, practices should read the AMA's advertising and publicity opinions as part of the New Hampshire rulebook, not as optional guidance.
Cross-border marketing
Practices near the Massachusetts, Vermont and Maine borders often run one campaign across states. A claim acceptable in a neighboring state may still fail New Hampshire's superiority test, so build multi-state campaigns to the New Hampshire standard.
How federal rules layer on top of New Hampshire law
New Hampshire 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 New Hampshire, so plan creative to clear all three: state rule, federal rule, platform rule.
New Hampshire compliance checklist for website, ads, social and reviews
Website and provider pages
Remove comparative and superlative claims. Keep credential statements factual and name certifying boards. Make sure "physician-led" language reflects a New Hampshire-licensed physician's real role.
Paid search and paid social
Rewrite ad headlines that compare you to other physicians. Use specific, checkable facts instead. Keep offer terms on the same screen as the price.
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.
AMA ethics check
Add the AMA advertising and publicity opinions to your review checklist, since Med 501.02(h) makes the Code binding.
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.
New Hampshire medical advertising: common questions
What New Hampshire law covers physician advertising?
RSA 329:17 VI(g), which lets the Board of Medicine discipline licensees whose advertising includes any statement tending to deceive or mislead the public or any statement claiming professional superiority.
Can a New Hampshire practice say it is the best?
We advise against it. The statute lists any statement claiming professional superiority as a ground for discipline and does not include a substantiation exception.
Does New Hampshire follow the AMA Code of Medical Ethics?
Yes. Med 501.02(h) requires licensees to adhere to the AMA Code of Medical Ethics (June 2016 edition as cited in the rules).
Who administers the New Hampshire Board of Medicine?
The Office of Professional Licensure and Certification (OPLC) handles licensing and administrative support for the Board.
Can patient testimonials be used in New Hampshire?
There is no specific ban we found, but they must not tend to mislead, should reflect typical results or carry a clear disclosure, and need a HIPAA authorization.
Sources
Official New Hampshire 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.
- RSA 329:17, Disciplinary action (New Hampshire General Court, official)
- N.H. Admin. Code Med 501.02 (Cornell LII copy)
- New Hampshire Board of Medicine (OPLC)
- Boston Globe, "Diaper spa owner fined $10k by N.H. Board of Medicine" (April 24, 2024)
- 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 New Hampshire 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 New Hampshire 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.