State rules / TX
Texas healthcare advertising rules the checker applies
19 rules drawn from Texas statutes and regulations on health care advertising. Tick Texas in the checker and these run alongside the federal rules.
Rules for Texas
CG-TEX-001 · Warns · Citation checked against stored text
Texas bars health care advertising that is false, misleading or deceptive, and lists claims likely to create an unjustified expectation about results as an example. Guaranteed-cure and miracle claims are the usual form. The list applies to licensed professionals and the text leaves room for argument, so this is a warning.
Source: Tex. Occ. Code 101.201 (advertising that creates an unjustified expectation about the results of a health care service is misleading, subsection (b)(2))
Safer wording: Say what the treatment is and who it is for, cite a source for any outcome data, and state that results vary by patient.
Tex. Occ. Code 101.201 · Needs counsel review
CG-TEX-002 · Warns · Citation checked against stored text
Texas lists advertising that contains a testimonial as an example of false, misleading or deceptive health care advertising. Copy that features patient testimonials falls inside that list. The rule is aimed at licensed professionals, so this is a warning.
Source: Tex. Occ. Code 101.201 (advertising that contains a testimonial is listed as misleading, subsection (b)(4))
Safer wording: Remove patient testimonials from advertising by Texas-licensed health professionals, or have counsel confirm they are not covered before you run them.
Tex. Occ. Code 101.201 · Needs counsel review
CG-TEX-003 · Warns · Citation checked against stored text
Texas lists as misleading any health care ad that says insurance deductibles or copayments may be waived or do not apply when they are required, or that a plan benefit will be taken as full payment when copays or deductibles are required.
Source: Tex. Occ. Code 101.201 (waiver of required copayments or deductibles, and plan benefits accepted as full payment, are listed as misleading, subsections (b)(6) and (b)(7))
Safer wording: Say what the patient will pay and that insurance copays and deductibles may apply. Do not promise to waive them.
Tex. Occ. Code 101.201 · Needs counsel review
CG-TEX-004 · Warns · Citation checked against stored text
Texas treats a comparison with another professional as misleading unless it can be factually substantiated, and physician rules also reach ads claiming professional superiority that cannot be verified. Best-in-town and better-than-others claims are the usual form. Applies to licensees and substantiation can fix it, so this is a warning.
Source: Tex. Occ. Code 101.201 (comparisons with other professionals must be factually substantiated, subsection (b)(3)) and Tex. Occ. Code 165.155 (physician ads claiming superiority that is not readily verifiable, subsection (d)(2))
Safer wording: Drop the superiority or comparison claim, or keep documented proof on file and state the basis, for example a named ranking with its year.
Tex. Occ. Code 101.201, Tex. Occ. Code 165.155 · Needs counsel review
CG-TEX-005 · Warns · Citation checked against stored text
Texas lists as misleading any health care ad built to take advantage of the fears or emotions of a particularly susceptible kind of patient. Scare-the-reader copy about cancer or death is the usual form. The text does not define susceptible, so this is a warning.
Source: Tex. Occ. Code 101.201 (representation designed to exploit the fears or emotions of a susceptible patient is listed as misleading, subsection (b)(8))
Safer wording: Describe the screening or service and who should consider it in a calm, factual tone, with a source for any risk statistic.
Tex. Occ. Code 101.201 · Needs counsel review
CG-TEX-006 · Blocks approval · Citation checked against stored text
Texas makes it a crime to knowingly offer to pay or agree to accept a commission, cash or other benefit for securing or soliciting a patient for a state-licensed health care provider. Physicians face a separate offense for paying anyone to secure patients. Federal safe harbors are carved out, so counsel must review the arrangement.
Source: Tex. Occ. Code 102.001 (offering or accepting remuneration or commission for securing or soliciting patients, subsection (a)) and Tex. Occ. Code 165.155 (physician paying for soliciting patients, subsection (a))
Safer wording: Do not advertise payments per patient or lead. Pay marketing vendors a flat fee set in advance for services, and have counsel approve the arrangement.
Tex. Occ. Code 102.001, Tex. Occ. Code 165.155 · Needs counsel review
CG-TEX-007 · Warns · Citation checked against stored text
Texas bars offering or accepting any remuneration, in cash or in kind, for securing or soliciting a patient for a state-licensed provider. Rewarding patients with cash, gift cards, credits or free services for sending in friends can fall inside that. The statute has exceptions for federally permitted payments, so this is a warning.
Source: Tex. Occ. Code 102.001 (remuneration in cash or in kind for securing or soliciting a patient or patronage, subsection (a)) and Tex. Occ. Code ch. 102 (non-physician healing arts, subchapter B)
Safer wording: Remove cash, gift card, credit or free-service rewards for referring patients. A plain tell-a-friend line with no benefit is lower risk. Counsel should review any referral program.
Tex. Occ. Code 102.001, Tex. Occ. Code ch. 102 · Needs counsel review
CG-TEX-008 · Warns · Citation checked against stored text
Texas requires a covered entity to get clear, unambiguous written or electronic permission before using or disclosing protected health information for marketing, with limited exceptions. Copy that says patient health records will drive promotions suggests marketing use. Permission cannot be seen in the ad, so this is a warning.
Source: Tex. Health & Safety Code 181.152 (permission needed to use protected health information for marketing communications, subsection (a))
Safer wording: Collect separate written or electronic permission before using patient health information for marketing, and say so on the signup page. Do not imply that diagnoses or records drive promotions without that permission.
Tex. Health & Safety Code 181.152 · Needs counsel review
CG-TEX-009 · Warns · Citation checked against stored text
Texas bars a covered entity from disclosing a person's protected health information to anyone in exchange for direct or indirect payment, with listed exceptions. Offers to sell or buy patient lists or records point to that. Whether the seller is a covered entity cannot be seen in the copy, so this is a warning.
Source: Tex. Health & Safety Code ch. 181 (covered entity may not disclose protected health information in exchange for remuneration, section 181.153 subsection (a))
Safer wording: Do not advertise patient data for sale. Use consent-based lead generation, and have counsel confirm the source and permission trail of any list.
Tex. Health & Safety Code ch. 181 · Needs counsel review
CG-TEX-010 · Warns · Citation checked against stored text
Texas deceptive trade law lists as misleading any claim that goods or services have an approval, certification, sponsorship or status they do not have. Approval and endorsement claims in health ads are only lawful if true, and the ad alone cannot show that, so this is a warning.
Source: Tex. Bus. & Com. Code 17.46 (misrepresenting sponsorship, approval, status or certification of goods or services, subsections (b)(2) and (b)(5))
Safer wording: Keep proof of every approval, clearance or endorsement claim and name exactly what was approved, for example the specific device or drug, not the clinic.
Tex. Bus. & Com. Code 17.46 · Needs counsel review
CG-TEX-011 · Blocks approval · Citation checked against stored text
Texas deceptive trade law lets a seller advertise a health care discount card only if it does not claim to provide insurance coverage of any kind and the discount is not false or misleading. Copy that ties a discount card to insurance or coverage, with no statement that it is not insurance, breaks that condition.
Source: Tex. Bus. & Com. Code 17.46 (discount health care card must not be represented as insurance coverage, subsection (b)(18))
Safer wording: State plainly that the card is a discount program and not insurance, and only advertise discounts you have agreements with providers to honor.
Tex. Bus. & Com. Code 17.46 · Needs counsel review
CG-TEX-012 · Warns · Citation checked against stored text
Texas allows a telemedicine prescriber to treat a patient only where a valid practitioner-patient relationship exists, through an existing relationship, call coverage, or a qualifying exam method using relevant clinical information, and holds telehealth to the in-person standard of care. Ads promising prescriptions with no exam or clinical review conflict with that. Compliance depends on what actually happens, so this is a warning.
Source: Tex. Occ. Code 111.005 (valid practitioner-patient relationship for telemedicine, subsection (a)) and Tex. Occ. Code ch. 111 (in-person standard of care applies to telehealth, section 111.007 subsection (a))
Safer wording: Say that a Texas-licensed clinician reviews your history and decides if treatment is appropriate. Do not promise a prescription or skip the evaluation.
Tex. Occ. Code ch. 111, Tex. Occ. Code 111.005 · Needs counsel review
CG-TEX-013 · Blocks approval · Citation checked against stored text
A Texas Medical Board rule says physician advertising that uses board eligible, board qualified, or similar wording meant to convey the same meaning as board certified is false, deceptive or misleading. It binds physicians, but the wording is a bright line.
Source: 22 Tex. Admin. Code 164.3(b)(1) ("any similar language calculated to convey the same meaning as")
Safer wording: Say board certified only if the physician holds a certification the rule recognises, and name the certifying board. Otherwise describe training or fellowship without a board-status term.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-014 · Warns · Citation checked against stored text
A Texas Medical Board rule lists offering a permanent cure for an incurable disease, sickness or illness as false, deceptive or misleading physician advertising. Permanent-cure wording is the usual form. The rule binds physicians and the condition named matters, so this is a warning.
Source: 22 Tex. Admin. Code 164.3(b)(2) ("offering a permanent cure for an incurable disease")
Safer wording: Describe what the treatment does and who it is for, say results vary, and avoid cure or permanent language for chronic or incurable conditions.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-015 · Warns · Citation checked against stored text
A Texas Medical Board rule lists providing a testimonial without a disclaimer about the credentials of the person giving it, and without a disclosure of any compensation given for it, as false, deceptive or misleading physician advertising. No compensation disclosure appears in this copy.
Source: 22 Tex. Admin. Code 164.3(b)(3) ("a disclosure of compensation provided in exchange for the testimonial")
Safer wording: If any testimonial runs, state who the speaker is and that they have no medical credentials unless they do, and disclose any payment, gift or discount given for it. Check Tex. Occ. Code 101.201 as well, which lists testimonials separately.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-016 · Warns · Citation checked against stored text
A Texas Medical Board rule lists untruthful or deceptive claims about costs and fees, including claims of free service when a third party is billed, as false, deceptive or misleading physician advertising. Copy that calls a visit free and also says insurance is billed is the usual form.
Source: 22 Tex. Admin. Code 164.3(b)(5) ("including claims of free service if a third-party is billed")
Safer wording: Do not call a service free if insurance or another third party is billed for it. Say what the patient pays and that insurance may be billed.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-017 · Warns · Citation checked against stored text
A Texas Medical Board rule lists claiming a unique or exclusive skill without substantiation and basis for the claim as false, deceptive or misleading physician advertising. The only doctor who does this, and our exclusive technique, are the usual forms. Substantiation can cure it, so this is a warning.
Source: 22 Tex. Admin. Code 164.3(b)(6) ("claiming a unique or exclusive skill without substantiation")
Safer wording: Drop the only or exclusive claim, or keep documented proof on file and state the basis, such as a named credential or a dated, sourced fact.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-018 · Warns · Citation checked against stored text
A Texas Medical Board rule lists failing to disclose that an advertisement, article or infomercial is a paid for presentation as false, deceptive or misleading physician advertising. Advertorial or sponsored content with no paid-for label is the usual form.
Source: 22 Tex. Admin. Code 164.3(b)(7) ("failing to disclose that the advertisement, article, or infomercial")
Safer wording: Label the piece clearly as a paid advertisement, for example Paid for by and the practice name, at the top of the piece.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-019 · Warns · Citation checked against stored text
A Texas Medical Board rule requires patient consent before any use of photographs or other representations in physician advertising, and lists failing to identify models or actors as such instead of actual patients as deceptive. Patient photo copy with no consent or model wording is flagged.
Source: 22 Tex. Admin. Code 164.2(b) ("Patients must consent prior to any use of photographs")
Safer wording: Use patient photos only with written consent, say so near the images, and label models or actors as models or actors rather than patients.
22 Tex. Admin. Code 164.2 · Needs counsel review
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