Most physicians know which issues can lead to serious legal trouble, including action against their medical license.
Patient negligence, insurance fraud and substance abuse come up often.
Advertising surprises people less often, but it can carry the same consequences. Like any other business, many doctors find advertising useful for growing a practice.
As an Illinois doctor, you must follow crucial rules to avoid the legal issues that come with marketing and advertising.
[Related: Protecting Your Illinois Medical Practice Against Medicaid Fraud]
What Counts as Truthful Physician Advertising in Illinois
Physicians couldn’t advertise at all until 1977. Ironically, the Supreme Court decision that opened the door came from a case about attorneys. The Bates v. State Bar of Arizona ruling struck down a blanket ban on lawyer advertising.
Few doctors took advantage of the new opening right away. Physician advertising has grown steadily over the decades since.
Content and Placement Must Both Be Accurate
Truthfulness is the most critical rule to follow. Be honest about your level of expertise. Don’t suggest you specialize in an area where you lack the education, training or experience.
If you advertise a distinct treatment or procedure, don’t guarantee results unless your practice has achieved a 100% success rate.
The AMA’s ethics guidance draws the same line. Physicians may advertise freely, but the communication can’t mislead through the following:
- A false statement
- An omission
- Anything else that creates unjustified expectations
Truthfulness covers placement as well as content. If you place an ad in a guide or directory, make sure it doesn’t sit in a section that implies you specialize in an area you don’t.
What Illinois Law Says About Misleading Claims
The State of Illinois backs this with strict consequences. The Illinois Medical Practice Act lists making a false or misleading statement about your skill, or about the efficacy of a treatment, as its own ground for discipline under 225 ILCS 60/22(A)(10).
A misleading ad is both an ethics problem and a documented path to a complaint.
[Related: Should Illinois Physicians Use Social Media in their Practices?]
How the HIPAA Privacy Rule Applies to Physician Advertising
Advertising creates a second risk: violating the HIPAA Privacy Rule. You may want to describe a positive outcome with a specific patient as an example of the results you deliver.
HIPAA recognizes more than 12 types of personal health information (PHI) that can reveal a patient’s identity, even without naming them outright. If you use a patient example, get a signed release first, and ensure that release meets HIPAA’s standards.
Illinois treats this the same way the federal rule does. Willfully or negligently violating physician–patient confidentiality is its own disciplinary ground under the Medical Practice Act, 225 ILCS 60/22(A)(30).
A HIPAA violation in your marketing can become an Illinois Department of FInancial and Professional Regulation (IDFPR) complaint. That complaint is unique, separate from whatever the underlying disclosure caused.
[Related: Unauthorized Access of Patient Records Violates HIPAA]
Contact Williams & Nickl To Defend Your Illinois Medical License
If you’re a physician investing in advertising to reach new patients, work with a qualified attorney. An attorney worth their salt will make sure your marketing doesn’t put your license at risk.
If you’ve already been accused of wrongdoing, we’re ready to defend your license at Williams & Nickl. We’ve represented thousands of professionals before the IDFPR, and we’re well-versed before the Illinois State Medical Board. And we hate to lose.
Contact us online or call 312-335-9470 to schedule a free, confidential 1-hour consultation.
Browse our testimonials and case results to see how we’ve handled Illinois medical licensing matters like yours.