In the past, the Medical Practice Act completely prohibited the use of testimonials in physician advertising, based on the state’s belief that all patient testimonials were inherently misleading to the public. State regulators were concerned that individual testimonials touting a good outcome would mislead readers to believe that they would obtain the same treatment outcome. However, following a 2001 court ruling that the ban went too far, the legislature amended the Medical Practice Act by removing the outright prohibition, restoring the potential to use testimonial advertising.
However, it is important to note that not all testimonials are permitted. Other advertising provisions, such as the requirement for truthful information, remain. Because testimonials are no longer considered per se misleading, they may be used if they do not violate other advertising provisions of the Medical Practice Act. The law still prohibits untruthful testimonials, because they mislead the public about health care.
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