Guidelines Regarding Physician Advertising and Publicity
The WSMA has established the following guidelines regarding physician
advertising and publicity: There are no restrictions on advertising by
physicians except those that can be specifically justified to protect the
public from deceptive practices. A physician may publicize himself as a
physician through any commercial publicity or other form of public
communication (including any newspaper, magazine, telephone directory,
radio, television, or other advertising) provided that the communication
shall not be misleading because of the omission of necessary material
information, shall not contain any false or misleading statement, or shall
not otherwise operate to deceive.
The form of communication should be designed to communicate the
information contained therein to the public in a direct, dignified, and
readily comprehensible manner. Aggressive, high-pressure advertising and
publicity may create unjustified medical expectations. Any advertisement
or publicity, regardless of format or content, should be true and not
misleading.
The communication may include: a) the educational background of the
physician; b) the basis on which fees are determined (including charges
for specific services); c) available credit or other methods of payment;
and d) other information about the physician which a reasonable person
might regard as relevant in determining whether to seek the physician's
services. Any advertising or other public representation where the
physician claims to be board certified shall name the certifying board.
Patient testimonials, like other methods of advertising, are permitted to
the extent they are not false or misleading. However, a physician using a
testimonial must be able to substantiate that the experience related in
the testimonial is representative of what the patients generally
experience.
Statements relating to the quality of medical services are extremely
difficult, if not impossible, to verify or measure by objective standards.
Claims regarding experience, competence, and the quality of the
physician's services may be made if they can be factually supported and if
they do not imply that he has an exclusive and unique skill or remedy. A
statement that a physician has cured or successfully treated a large
number of cases involving a particular serious ailment may imply a
certainty of result and create unjustified and misleading expectations in
prospective patients.
Consistent with federal regulatory standards which apply to commercial
advertising, a physician who is considering the placement of an
advertisement or publicity release, whether in print, radio, or
television, should determine in advance that his communication or message
is explicitly and implicitly truthful and not misleading. These standards
require the advertiser to have a reasonable basis for claims before they
are used in advertising. The reasonable basis must be established by those
facts known to the advertiser, and those which a reasonable, prudent
advertiser should have discovered. (Res 12, B-87; Res 20, A-89; Res 42,
A-90; JC Rpt A, A-99) (Reaffirmed A-23)
The WSMA has adopted the following guidelines regarding physician
competition: Some competitive practices accepted in ordinary commercial
and industrial enterprise, where profit-making is the primary objective,
are inappropriate among physicians. Commercial enterprises, for example,
are free to solicit business by paying commissions. They have no duty to
lower prices to the poor. Commercial enterprises are generally free to
engage in advertising "puffery", to be boldly self-laudatory in making
claims of superiority, and to emphasize favorable features without
disclosing unfavorable information.
Physicians, by contrast, have an ethical duty to subordinate financial
reward to social responsibility. A physician should not engage in
practices for pecuniary gain that interfere with his medical judgment and
skill or cause a deterioration of the quality of medical care. Ability to
pay should be considered in reducing fees, and excessive fees are
unethical.
Physicians should not pay or receive commissions or rebates or give
kickbacks for the referral of patients to other health care providers.
Likewise, they should not make extravagant claims or proclaim
extraordinary skills. Such practices, however common they may be in the
commercial world, are unethical in the practice of medicine because they
are injurious to the public.
Freedom of choice of physician and free competition among physicians are
prerequisites of optimal medical care. The Principles of Medical Ethics
are intended to curtail abusive practices that impinge on these freedoms
and exploit patients and the public. (JC Rpt A, A-94; JC Rpt A, A-99)
(Reaffirmed A-23)
Return to the WSMA Policy Compendium index
Abbreviations for House of Delegates report origination:
EC – Executive Committee; BT – Board of Trustees; CPA – Council on
Professional Affairs; JC – Judicial Council; CHS – Community and Health
Services