Wyoming medical board advertising rules: the W.S. 33-26-402 guide
Wyoming physician advertising is governed by W.S. 33-26-402(a)(v), which lets the Wyoming Board of Medicine discipline a licensee for "advertising the practice of medicine in a misleading, false or deceptive manner." The same section covers false statements about skill or treatment efficacy, untrue claims that a disease can be permanently cured, and delegation to staff who are not qualified.
- The regulator is the Wyoming Board of Medicine, under the Wyoming Medical Practice Act (W.S. Title 33, Chapter 26).
- W.S. 33-26-402(a)(v): advertising the practice of medicine in a misleading, false or deceptive manner is a ground for discipline.
- (a)(iii): false or misleading statements about the licensee's skill or the efficacy or value of a treatment. (a)(xxvii)(O): untruly representing that a disease can be permanently cured, or cured by a secret method.
- (a)(xv) to (xvii): failing to supervise, or delegating to people who are not qualified, which matters for med spa and clinic ads that describe who does what.
- (a)(xxvii)(P): improperly disclosing confidential patient information; (a)(xxxiii): initially prescribing certain controlled substances over the internet without a documented physician-patient relationship.
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Which boards regulate Wyoming healthcare advertising
The Wyoming Board of Medicine licenses and disciplines physicians (M.D. and D.O.) and physician assistants under the Wyoming Medical Practice Act, W.S. 33-26-101 et seq. The grounds for discipline are in W.S. 33-26-402. Dentists are licensed by the Wyoming Board of Dental Examiners.
W.S. 33-26-402: the grounds that reach marketing
- (a)(ii) Impersonating another licensee or practicing under a false or assumed name.
- (a)(iii) Making false or misleading statements about the licensee's skill or the efficacy or value of treatment for a disease, injury, deformity, ailment, pregnancy or delivery.
- (a)(iv) Permitting anyone to use the licensee's diploma, license or certificate of registration.
- (a)(v) Advertising the practice of medicine in a misleading, false or deceptive manner.
- (a)(vi) Obtaining any fee or claim for payment by fraud or misrepresentation.
- (a)(xv) to (xvii) Failing to supervise nonphysicians to whom medical responsibilities are delegated, and delegating to people who are not qualified or beyond the specialty areas in which the licensee and the person are trained.
- (a)(xxvii) Unprofessional or dishonorable conduct, including (E) conduct intended or likely to deceive, defraud or harm the public; (F) false, fraudulent or deceptive statements in documents connected with the practice; (H) practicing outside the scope of expertise and training; (O) representing that a manifestly incurable disease can be permanently cured, or that a disease can be cured by a secret method, procedure, treatment, medicine or device, if untrue; (P) improperly disclosing confidential patient information; and (R) using experimental therapy without proper informed consent and protocols.
- (a)(xxxiii) Initially prescribing certain controlled substances to someone through the internet without a documented physician-patient relationship.
Allowed, prohibited, needs disclosure: the Wyoming working table
How we apply W.S. 33-26-402 on Wyoming pre-publication reviews.
| Creative element | Status | Practical rule and basis |
|---|---|---|
| "Proprietary" or "secret" protocol cures | Prohibited if untrue | Untrue claims of cure by a secret method, or of permanently curing an incurable disease ((a)(xxvii)(O)). |
| Efficacy and skill claims | Needs substantiation | False or misleading statements about skill or efficacy ((a)(iii)); deceptive advertising ((a)(v)). |
| Experimental or investigational therapy ads | High scrutiny | Describe status accurately; informed consent and protocols required ((a)(xxvii)(R)). |
| Who performs procedures | Needs accuracy | Ads must not misstate staff roles; delegation and supervision limits ((a)(xv) to (xvii)). |
| Brand names | Needs review | No practice under a false or assumed name ((a)(ii)); tie brands to licensees. |
| Testimonials and review replies | Allowed with care | No improper disclosure of confidential information ((a)(xxvii)(P)); HIPAA authorization; FTC disclosures. |
| Online prescribing ads | Needs review | No initial controlled-substance prescribing over the internet without a documented relationship ((a)(xxxiii)). |
What is different about Wyoming
"Secret method" claims
Wyoming's statute names cures by a "secret method, procedure, treatment, medicine or device" when untrue. Marketing built around proprietary or exclusive protocols should describe them in evidence-based terms and avoid cure language.
Delegation shows up in ads
Ads that describe who performs a service are statements of fact. If an ad implies a physician performs a procedure that is delegated, or describes staff as qualified for tasks beyond their training, it can raise both advertising and delegation issues.
Experimental therapies
Paragraph (a)(xxvii)(R) covers experimental therapy without proper informed consent, generally accepted criteria or protocols, records and peer review. Ads for regenerative or investigational treatments should state their status plainly.
How federal rules layer on top of Wyoming law
Wyoming 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 Wyoming, so plan creative to clear all three: state rule, federal rule, platform rule.
Wyoming compliance checklist for website, ads, social and reviews
Website and provider pages
Describe proprietary protocols in evidence-based terms, without cure claims. State who performs each service and how it is supervised. Tie brands to licensees.
Paid search and paid social
Remove "permanent", "reverse" and "secret" cure language. Describe investigational therapies as investigational. Check online-prescribing funnels against (a)(xxxiii).
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.
Service-role register
Keep a list of which clinician performs or supervises each advertised service, and check ad copy against it.
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.
Wyoming medical advertising: common questions
What Wyoming law covers physician advertising?
W.S. 33-26-402(a)(v), which lets the Wyoming Board of Medicine discipline a licensee for advertising the practice of medicine in a misleading, false or deceptive manner.
Can Wyoming ads promote a proprietary protocol?
Yes, if described accurately. Untrue claims that a disease can be cured by a secret method, or that an incurable disease can be permanently cured, are grounds under W.S. 33-26-402(a)(xxvii)(O).
Can a Wyoming practice advertise experimental treatments?
Only with accurate descriptions. Using experimental therapy without proper informed consent, accepted criteria or protocols, and records is a ground under (a)(xxvii)(R).
Do Wyoming rules affect ads for delegated services?
Yes, indirectly. Ads must not misstate who performs services, and the statute lists failure to supervise and improper delegation as grounds ((a)(xv) to (xvii)).
Which board regulates Wyoming physicians?
The Wyoming Board of Medicine, under the Wyoming Medical Practice Act (W.S. Title 33, Chapter 26).
Sources
Official Wyoming 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.
- Wyoming Statutes Title 33, incl. W.S. 33-26-402 (Wyoming Legislature, PDF)
- Wyoming 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 Wyoming 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 Wyoming 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.