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Would you believe that as recently as the seventies, physicians were not allowed to market their practices to the public? A small sign outside the office with the doctor's names and hours of operation was the only form of advertising that was acceptable. Doctors could not even send letters to potential patients without fear of prosecution. Things have changed since those days. Today, practice development is not only allowed–it's considered a necessity. Everything from billboards and television spots to magazine ads and the Internet are used to promote a physician's practice. However, for those partaking in the new as well as traditional forms of media advertising, there are a few guidelines that must be adhered to.

While the days of no or limited advertising are long behind us, physicians do not have carte blanche to say whatever they want when developing their practice. State laws prohibit any medical advertising that is false or misleading. Nor can physicians tout their practice as better than the competition. Unlike product ads, medical ads cannot "attack" a competitor. There are two rules to follow when beginning a practice development campaign:

1. Is the material misleading or deceptive?

2. Does the material make unfounded or questionable claims of quality or efficacy?

Those who regulate medical advertising are quick to condemn any physician who makes unfounded

claims of quality or efficacy. For example, if you are going to boast that a new procedure has a 100%

success rate, you are opening the door to have you and your practice investigated and you will have to

prove this claim. Before beginning any campaign, you should look to three areas of regulation:

professional societies, state law and federal law.

Professional societies, such as the American Medical Association (AMA), have a code of ethics that addresses advertising. If you are a member of such a group, you will want to review their code. Physicians who violate the code risk having their membership taken away from the group which can have a negative impact on the physician's reputation. The removal from a professional society can also have a lasting impact when hospitals and managed-care plans make credentialing decisions. For more information, please e-mail tom@hartwig.com

In addition to the code of ethics, these professional societies are starting to assist state and federal agencies in cracking down on misuse of the Internet by doctors and other health care institutions. The AMA, for example, has begun and eHealth initiative that aids doctors in using the Internet correctly.

Each state has laws that govern the practice of medicine and these laws have sections that control the marketing of medical services. Over the past few years, state boards have become increasingly intolerant of any physician who is perceived as unethical. This is in part due to high demand from patients who are tired of dealing with physicians who violate the law–and their faith in their doctor. Unfortunately, the misuse of the Internet by a handful of unscrupulous physicians has created much of the attention that doctors now receive from state regulators.

Physicians have also begun to regulate each other. Due to overwhelming competition, doctors and health care providers are increasing their complaints to regulators about the allegedly unethical claims made by their competitors.

Developing your practice is a great idea and, if carried out correctly, can be extremely successful. However, do not take the laws of advertising for granted. Even the slightest slip up can land you in hot water with the medical and patient communities.