South Carolina medical board advertising rules: the 40-47-110 guide
South Carolina has no stand-alone physician advertising regulation. Advertising is reached through the misconduct grounds in S.C. Code 40-47-110(B), mainly paragraph (9), "dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public", plus paragraph (13) on the Board's adopted code of ethics (Regulation 81-60). Under the general licensing law, each incident is a separate violation.
- The regulator is the South Carolina Board of Medical Examiners, within the Department of Labor, Licensing and Regulation (LLR).
- We found no stand-alone physician advertising rule. Advertising is judged under S.C. Code 40-47-110(B)(9) (conduct likely to deceive, defraud or harm), (10) (false or fraudulent statements in practice documents) and (13) (violating the Board's code of ethics).
- Regulation 81-60 sets the Principles of Medical Ethics, including dealing honestly with patients and safeguarding patient confidences.
- The general LLR statute, S.C. Code 40-1-110, adds grounds and says each incident is a separate violation, which matters for ads that run many times.
- The practice of medicine is defined to include advertising or holding out that one is authorized to practice medicine in South Carolina (40-47-20(36)(a)).
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Which boards regulate South Carolina healthcare advertising
The South Carolina Board of Medical Examiners licenses physicians and physician assistants and sits within the Department of Labor, Licensing and Regulation (LLR). Its statute is S.C. Code Title 40, Chapter 47 (the Medical Practice Act); its regulations are in Chapter 81 of the S.C. Code of Regulations. General grounds that apply across LLR boards are in S.C. Code 40-1-110.
Dentists are licensed by the South Carolina Board of Dentistry, also within LLR.
S.C. Code 40-47-110 and Regulation 81-60, explained
40-47-110(B): misconduct grounds that reach marketing
- (9) Dishonorable, unethical or unprofessional conduct that is likely either to deceive, defraud or harm the public.
- (10) Using a false or fraudulent statement in a document connected with the licensee's practice.
- (11) Obtaining fees, or assisting in obtaining fees, under dishonorable, false or fraudulent circumstances.
- (13) Violating the code of medical ethics adopted by the Board.
- (14) Violating any provision of the chapter or a regulation or order of the Board.
40-1-110: general LLR grounds
These add, among others, committing a dishonorable, unethical or unprofessional act likely to deceive, defraud or harm the public (1)(f), and violating the code of professional ethics adopted by the board (1)(l). The section ends: "Each incident is considered a separate violation."
Regulation 81-60: Principles of Medical Ethics
The Board's adopted ethics principles say a physician shall deal honestly with patients and colleagues (B), and shall respect the rights of patients and safeguard patient confidences within the constraints of the law (D). Misleading marketing and careless patient stories or review replies can be framed as ethics violations through 40-47-110(B)(13).
Allowed, prohibited, needs disclosure: the South Carolina working table
How we apply South Carolina law on pre-publication reviews. With no item-by-item ad rule, most rows rest on the "likely to deceive" standard and the ethics principles.
| Creative element | Status | Practical rule and basis |
|---|---|---|
| Superlatives and comparisons | Needs substantiation | Unsupported claims can be conduct likely to deceive (40-47-110(B)(9)). |
| Outcome guarantees | Prohibited in practice | Likely to deceive (B)(9); honesty principle (Reg. 81-60(B)). |
| Testimonials and review replies | Allowed with care | Safeguard patient confidences (Reg. 81-60(D)); HIPAA authorization; FTC disclosures. |
| Price and "free" offers | Allowed with care | No fees under false circumstances (B)(11). Disclose conditions; honor the offer. |
| Board certification | Allowed if accurate | Name the board. A false credential in a practice document is (B)(10). |
| Repeated ads | Note | Each incident is a separate violation (40-1-110), so a misleading ad that runs many times multiplies exposure. |
| Telehealth ads | Allowed with care | Same standard of care as in-person (40-47-37); show who provides care and their licensure. |
What is different about South Carolina
No specific rule is not the same as no rule
Without a line-by-line advertising regulation, the Board applies broad standards. That gives flexibility but also less certainty. A substantiation file and conservative claim wording are the practical defense.
Holding out is part of practicing medicine
S.C. Code 40-47-20(36)(a) defines the practice of medicine to include advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in South Carolina. Non-physician businesses (wellness, aesthetics) should avoid ad language that suggests they practice medicine.
Telemedicine
S.C. Code 40-47-37 requires licensees providing care via telemedicine to meet the same standard of care as in-person care. Telehealth marketing should describe the consultation honestly and identify the treating clinicians.
How federal rules layer on top of South Carolina law
South Carolina 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 South Carolina, so plan creative to clear all three: state rule, federal rule, platform rule.
South Carolina compliance checklist for website, ads, social and reviews
Website and provider pages
Keep claims factual and supported. Name certifying boards. Make sure wellness and aesthetic pages do not imply that non-physicians practice medicine.
Paid search and paid social
Because each incident counts separately, fix a misleading ad quickly and across all placements. Keep conditions next to any price or "free" offer.
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.
Ethics-based review
Add Reg. 81-60(B) and (D) (honesty and patient confidences) to the review checklist for every campaign.
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.
South Carolina medical advertising: common questions
Does South Carolina have a physician advertising regulation?
We found no stand-alone advertising regulation for physicians. The Board of Medical Examiners reaches advertising through the misconduct grounds in S.C. Code 40-47-110(B), especially (9), (10) and (13).
What is the main test for South Carolina medical ads?
Whether the advertising is dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public (S.C. Code 40-47-110(B)(9)).
Does each ad count as a separate violation in South Carolina?
S.C. Code 40-1-110, which applies across LLR boards, says each incident is considered a separate violation.
Which ethics code applies to South Carolina physicians?
The Principles of Medical Ethics in S.C. Code Regs. 81-60, adopted by the Board. Violating them is a ground under 40-47-110(B)(13).
Can a med spa advertise medical services in South Carolina?
The practice of medicine includes advertising or holding out as authorized to practice medicine (40-47-20(36)(a)). Ads should make clear which licensed clinicians provide medical services.
Sources
Official South Carolina 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.
- S.C. Code Title 40, Chapter 47, Medical Practice Act incl. 40-47-20, 40-47-37, 40-47-110 (South Carolina Legislature)
- S.C. Code Title 40, Chapter 1, incl. 40-1-110 (South Carolina Legislature)
- S.C. Code of Regulations Chapter 81, incl. Reg. 81-60 (South Carolina Legislature, PDF)
- South Carolina Board of Medical Examiners (LLR)
- 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 South Carolina 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 South Carolina 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.