North Dakota medical board advertising rules: the NDCC 43-17-31 guide
North Dakota physician advertising is governed by NDCC 43-17-31, the list of grounds on which the North Dakota Board of Medicine can discipline a license. Paragraph (k) covers "advertising for the practice of medicine in an untrue or deceptive manner"; nearby paragraphs cover false statements about skill or efficacy, promises to cure incurable conditions, and payments for patient referrals.
- The regulator is the North Dakota Board of Medicine, under NDCC Chapter 43-17.
- NDCC 43-17-31(k): advertising for the practice of medicine in an untrue or deceptive manner is a ground for discipline.
- (b) false or misleading statements about the physician's skill or the efficacy of a treatment; (l) telling a patient a manifestly incurable condition can be cured.
- (r) paying or receiving any fee, commission or rebate for patient referrals or for services not personally rendered (lawful distributions within professional entities excepted).
- (n) osteopathic physicians must designate their school of practice ("D.O.", "osteopathic physician and surgeon") in the professional use of their name.
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Which boards regulate North Dakota healthcare advertising
The North Dakota Board of Medicine licenses and disciplines physicians (M.D. and D.O.) and physician assistants under NDCC Chapter 43-17. The disciplinary grounds that reach marketing are in NDCC 43-17-31, and the telemedicine standards are in NDCC 43-17-44.
Dentists are licensed by the North Dakota State Board of Dental Examiners under separate law and rules.
NDCC 43-17-31: the grounds that reach marketing
- (b) Making false or misleading statements about the physician's skill or the efficacy of any medicine, treatment or remedy.
- (f) Dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public.
- (j) Practicing medicine under a false or assumed name.
- (k) Advertising for the practice of medicine in an untrue or deceptive manner.
- (l) Representing to a patient that a manifestly incurable condition, sickness, disease or injury can be cured.
- (m) Willful or negligent violation of physician-patient confidentiality, except as required by law.
- (n) A doctor of osteopathy failing to designate the school of practice in the professional use of their name, by terms such as "osteopathic physician and surgeon", "doctor of osteopathy" or "D.O."
- (r) Paying or receiving, directly or indirectly, any fee, commission, rebate or other compensation for medical services not actually or personally rendered, or for patient referrals. Lawful distributions within professional partnerships, corporations, LLCs or associations are not affected.
- (v) Using any false, fraudulent or deceptive statement in any document connected with the practice of medicine.
Allowed, prohibited, needs disclosure: the North Dakota working table
How we apply NDCC 43-17-31 on North Dakota pre-publication reviews.
| Creative element | Status | Practical rule and basis |
|---|---|---|
| Efficacy or skill claims | Needs substantiation | False or misleading statements about skill or efficacy (43-17-31(b)). |
| "Cure", "reverse", "permanent fix" | High risk | Representing a manifestly incurable condition can be cured (43-17-31(l)); untrue advertising (k). |
| D.O. listed as "Dr." only | Needs change | D.O.s must designate their school of practice (43-17-31(n)). |
| Per-patient or per-booking lead fees | High risk | Fees or rebates for patient referrals (43-17-31(r)). Get legal review. |
| Testimonials and review replies | Allowed with care | Confidentiality (43-17-31(m)); HIPAA authorization; must not deceive (k). |
| Board certification | Allowed if accurate | Name the board; a false credential is untrue advertising (k). |
| Telehealth ads | Allowed with disclosure | Patients must be able to verify the identity and licensure of the treating licensee (43-17-44(2)). |
What is different about North Dakota
D.O. designation
North Dakota writes the osteopathic designation into the disciplinary grounds. Every bio, ad and listing for an osteopathic physician should show "D.O." or an equivalent term.
Telemedicine marketing
NDCC 43-17-44 holds telemedicine to the same standard of care and ethics as in-person practice. A licensee practicing telemedicine must establish a bona fide relationship before diagnosis or treatment, verify the patient's identity, and disclose (and let the patient verify) the identity and licensure status of any licensee providing care. Telehealth ads and landing pages should make that easy: name the clinicians and their license status.
Referral payments
43-17-31(r) is broad: any fee, commission or rebate "for patient referrals". Marketing arrangements that pay per referred or booked patient deserve legal review in North Dakota.
How federal rules layer on top of North Dakota law
North Dakota 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 North Dakota, so plan creative to clear all three: state rule, federal rule, platform rule.
North Dakota compliance checklist for website, ads, social and reviews
Website and provider pages
Show M.D. or D.O. for every physician. Remove cure and "reverse" language. Name the certifying board for certifications. Telehealth pages list treating clinicians and licensure.
Paid search and paid social
Check outcome claims for substantiation. Make sure vendor compensation is not tied to patient referrals. 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.
Telehealth disclosure
On telehealth pages, list each clinician's name, license type and states of licensure, with a link to license verification.
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.
North Dakota medical advertising: common questions
What North Dakota law covers physician advertising?
NDCC 43-17-31(k) makes advertising for the practice of medicine in an untrue or deceptive manner a ground for discipline by the North Dakota Board of Medicine.
Can a North Dakota clinic pay a marketing company per new patient?
That is high risk. NDCC 43-17-31(r) lists paying or receiving any fee, commission or rebate for patient referrals as a ground for discipline. Get legal advice before using per-patient pricing.
Do D.O.s have to use "D.O." in ads?
Yes. NDCC 43-17-31(n) lists a doctor of osteopathy's failure to designate the school of practice in the professional use of their name as a ground for discipline.
Are there telemedicine marketing rules in North Dakota?
NDCC 43-17-44 requires telemedicine licensees to disclose, and let patients verify, the identity and licensure status of the clinicians providing care, and to establish a bona fide relationship before treatment.
Can I promise results in North Dakota ads?
Avoid it. False or misleading efficacy statements and telling patients an incurable condition can be cured are both listed grounds.
Sources
Official North Dakota 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.
- NDCC Chapter 43-17, incl. 43-17-31 and 43-17-44 (North Dakota Legislative Branch, PDF)
- North Dakota Board of Medicine
- 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 North Dakota 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 North Dakota 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.