Healthcare marketing agency in Texas

The Texas rules that shape healthcare marketing

Federal rules (HIPAA, the FTC Act and endorsement guides, the TCPA, CAN-SPAM and the ADA) apply to every US practice. Texas adds its own layer. The summary below is how we apply these rules in day-to-day marketing work; it is not legal advice, and a Texas healthcare attorney should review anything unusual. For more detail on the board rules, read our Texas Medical Board advertising rules guide.

Texas Medical Board advertising rules (22 TAC Chapter 164)

Rule 164.3, amended effective January 9, 2025, allows physicians to advertise their practice, credentials and qualifications, but nothing in an ad may be false, deceptive or misleading. On top of the list in Texas Occupations Code section 101.201, the rule specifically treats these as misleading:

• using "board eligible", "board qualified" or similar wording that suggests board certification;
• offering a permanent cure for an incurable disease;
• a testimonial without a disclaimer about the credentials of the person giving it and a disclosure of any compensation;
• failing to identify models or actors as models or actors rather than patients;
• untruthful claims about costs and fees, including "free" services where a third party is billed;
• claiming a unique or exclusive skill without substantiation;
• failing to disclose that an advertisement, article or infomercial is paid;
• failing to disclose medical directorship, supervision or delegation to non-physicians at a location that is not the physician's primary practice and where care is delivered under standing orders. This matters for med spas and IV clinics.

Rule 164.4 limits "board certified" to physicians currently certified by an ABMS member board, the AOA Bureau of Osteopathic Specialists, the American Board of Oral and Maxillofacial Surgery, or a board the Texas Medical Board has approved. In practice, we check every provider bio, ad and landing page against these two rules before launch.

Texas Occupations Code section 101.201 applies to health professionals more broadly. It bars advertising that is false, misleading, deceptive or "not readily subject to verification", representations likely to create unjustified expectations about results, comparisons with other professionals that cannot be substantiated, and ads that play on the fears of particularly susceptible patients. It also lists testimonials among prohibited advertising, which is why we treat testimonial use in Texas as a legal question, not a copywriting one.

Dentists follow the Texas State Board of Dental Examiners' rules on professional communications in 22 TAC Chapter 108, which start from the same principle: communications with the public must be truthful and not deceptive.

Texas Medical Records Privacy Act and HB 300

Texas Health and Safety Code Chapter 181, expanded by HB 300 from September 1, 2012, goes further than HIPAA in several ways that matter for marketing:

• A broader "covered entity". Section 181.001 covers anyone who assembles, collects, analyzes, uses, stores or transmits protected health information for commercial, financial or professional gain, or who comes into possession of it, and names business associates and any "person who maintains an Internet site". Agencies, software vendors and website hosts can fall inside it.
• Consent for marketing. Section 181.152 requires clear and unambiguous permission, in written or electronic form, before protected health information is used or disclosed for any marketing communication, with narrow exceptions such as face-to-face communication. Mailed marketing must show the sender's name and toll-free number and explain how to opt out, and opt-outs must be honored within 45 days.
• No sale of patient data. Section 181.153 prohibits disclosing protected health information for payment, apart from narrow exceptions.
• Training. Section 181.101 requires employees of a covered entity to be trained on the law within 90 days of hire, with signed records kept for six years.
• Penalties. Section 181.201 sets civil penalties of up to $5,000 per negligent violation, $25,000 per knowing or intentional violation and $250,000 where protected health information is used for financial gain, up to $1.5 million a year for a pattern or practice.

Our approach is simple: patient information stays out of ad platforms, analytics, AI tools and marketing lists unless the right permission exists, and tracking on booking and intake pages is configured accordingly, in line with HIPAA-safe website tracking practice and HHS guidance on tracking technologies.

Texas Data Privacy and Security Act

The Texas Data Privacy and Security Act (Business and Commerce Code Chapter 541) does not apply to covered entities and business associates governed by HIPAA, but many cash-pay wellness, aesthetic and IV businesses are not HIPAA covered entities. For them, the Act treats data about a person's health condition as sensitive data, which generally needs consent. That is one more reason we design forms and retargeting for med spas and wellness clinics around explicit consent.

Calls and texts: SB 140, Chapter 302 and Section 305.053

Since September 1, 2025, SB 140 has made Texas's telephone solicitation law (Business and Commerce Code Chapter 302) expressly cover text, graphic and image messages, and violations of Chapters 302, 304 and 305 can now be pursued under the Texas Deceptive Trade Practices Act. Chapter 302 registration has exemptions, so whether a practice must register is a question for counsel. Separately, section 305.053 lets anyone who receives a call or text that violates the federal TCPA sue in Texas for $500 per violation, or up to $1,500 if it was knowing or intentional.

For practices, the working rules are: get documented consent before any marketing text, keep marketing messages separate from appointment reminders and care communications, honor STOP immediately, and never buy or import patient lists. Our TCPA guide for healthcare texts covers the federal side.

What working with us looks like for a Texas practice

1. A benchmarking call. A member of our Sr. Leadership team reviews your Google Business Profile, website and competitors in your part of Texas, and compares them with the benchmark figures for your specialty and city where we have them.

2. A written scope and goals. Retainers start from $499/month and are custom-scoped. We agree monthly goals in writing (booked calls, form submissions, consultations), and Performance-Linked Payout Models are available where the goals are measurable.

3. A BAA before work starts. We sign a Business Associate Agreement with every US client, set up tracking that keeps patient information out of ad and analytics platforms, and review copy against the Texas rules above.

4. Weekly reporting. Progress against goals is visible in Ichelon Agency OS, with a report every Monday from your US client team.

You can see examples on our US case studies page, including the website we built with Dr. Rajan Kohli for Lakewood Primary Care & Wellness in North Dallas, and read more about our data on the US research page. If you would rather start with a free review of your Google presence, request a practice visibility audit. Other entry points: US locations, specialties, services and guides.

Sources

1. 22 Tex. Admin. Code § 164.3, Prohibited Acts or Omissions in Advertising (Texas Medical Board, amended effective Jan. 9, 2025)
2. 22 Tex. Admin. Code § 164.4, Advertising Board Certification
3. Tex. Occupations Code § 101.201, False, Misleading, or Deceptive Advertising
4. 22 Tex. Admin. Code § 108.50, Texas State Board of Dental Examiners, professional communications
5. Tex. Health & Safety Code § 181.001, definitions (covered entity)
6. Tex. Health & Safety Code § 181.101, training requirements
7. Tex. Health & Safety Code § 181.152, Marketing Uses of Information
8. Tex. Health & Safety Code § 181.153, Sale of Protected Health Information Prohibited
9. Tex. Health & Safety Code § 181.201, civil penalties
10. Tex. Bus. & Com. Code § 541.002, Texas Data Privacy and Security Act applicability and exemptions
11. Texas Legislature, SB 140 (89th Legislature) bill analysis, telephone solicitation and text messages
12. Tex. Bus. & Com. Code § 305.053, civil action for TCPA violations
13. U.S. Census Bureau, Vintage 2025 metro area and county population estimates (Mar. 26, 2026)
14. Texas Medical Center, About TMC
15. Southwestern Medical District
16. UT Health San Antonio, size and location
17. Burnett School of Medicine at TCU granted full accreditation (2023)
18. HHS, Use of online tracking technologies by HIPAA covered entities and business associates
19. ICG US Google Business Profile benchmark 2026, city averages for 9 specialties across 20 metros: method and data.

Last reviewed October 2026. Laws change; confirm current rules with the Texas Medical Board, the Texas State Board of Dental Examiners or a Texas healthcare attorney before relying on them.