Nebraska Advertising Rules for Health and Wellness Practices
A sourced summary of Nebraska statutes and board guidance governing advertising by licensed health care providers, including med spas and dental, chiropractic, and longevity practices. Every rule below was verified against the cited primary source. This is an educational summary, not legal advice.
Verified against Nebraska Board of Medicine and Surgery (DHHS Licensure Unit) sources, 2026-07-02
Educational summary for practice owners. Not legal advice.
Credential identification and accuracy in ads
Neb. Rev. Stat. 38-124 states that any credential holder's advertisement for health care services must identify the type of credential held, and the ad may not include deceptive or misleading information or any representation that misstates or falsely describes the holder's skills, training, expertise, education, board certification, or credential. It also requires that all professional signage and advertisements identify the profession or business for which the credential is held. This applies to every profession credentialed under the Uniform Credentialing Act, which covers physicians, dentists, chiropractors, and nurses.
Neb. Rev. Stat. 38-124 checked 2026-07-02
Deceptive advertising as a discipline ground
Neb. Rev. Stat. 38-178 lists the grounds on which any Nebraska credential holder can be disciplined. Ground (13) is use of untruthful, deceptive, or misleading statements in advertisements, including failure to comply with section 38-124. Ground (14) is conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act. Note that ground (13) does not require a conviction; the misleading statement itself is a discipline ground.
Neb. Rev. Stat. 38-178(13), (14) checked 2026-07-02
Cure guarantees, false credentials, and fee splitting
Neb. Rev. Stat. 38-179 defines unprofessional conduct to include receipt of fees on the assurance that an incurable disease can be permanently cured, obtaining any fee by fraud, deceit, or misrepresentation, and using letters, words, or terms on stationery or in advertisements that falsely indicate professional credentials. It also prohibits dividing fees received for professional services with any person for bringing or referring a consumer, subject to narrow exceptions for partners, employees, and certain landlord and retirement arrangements. The general standard reaches any conduct likely to deceive or defraud the public.
Neb. Rev. Stat. 38-179 checked 2026-07-02
Med spa injectables: supervision and delegation
The Nebraska Board of Nursing's Aesthetic Nursing advisory opinion (adopted 10/2021) classifies aesthetic procedures into levels. Registered nurses may only perform Level II and III procedures following assessment, diagnosis, and prescription, and with supervision by a licensed practitioner; Level III procedures, which include neuromodulators such as Botox and dermal fillers such as Juvederm and Restylane, require assessment and prescription for each episode of care and direct supervision with the licensed practitioner on site and able to provide immediate assessment and treatment. The opinion states that aesthetic procedures are complex nursing interventions and may not be delegated by RNs or NPs to unlicensed persons. Nurse practitioners perform procedures within scope under their own license.
Nebraska Board of Nursing Advisory Opinion: Aesthetic Nursing (2021) checked 2026-07-02
Dental practice names in advertising
Neb. Rev. Stat. 38-1129 states that no person shall operate any place in which dentistry is practiced under any other name than his or her own, or display in connection with the practice or any advertising matter any name other than his or her own. The statute allows associates to use combined names and permits relatives of a deceased dentist to operate under the former dentist's name for up to one year after death.
Neb. Rev. Stat. 38-1129 checked 2026-07-02
What this means by practice type
Med spas
Marketing that presents injectables as a walk-in, nurse-run service should be checked against the Board of Nursing's aesthetic opinion: Botox and filler work by an RN requires a licensed practitioner's assessment and prescription for each episode of care and direct on-site supervision, and no aesthetic procedure may be delegated to unlicensed staff. Ads should also identify the credential of the provider actually performing the service per section 38-124.(Nebraska Board of Nursing Advisory Opinion: Aesthetic Nursing (2021))
Dental
Nebraska ties dental advertising to the dentist's own name: a practice generally cannot advertise under a trade name that is not the operating dentist's name, aside from combined associate names and a one-year allowance for a deceased dentist's family. Any credential or specialty claim in the ad must also be accurate under section 38-124.(Neb. Rev. Stat. 38-1129)
Chiropractic
Chiropractors are credentialed under the same Uniform Credentialing Act, so the general rules carry the weight: ads must identify the credential type, avoid deceptive or misleading statements, and avoid misstating training or board certification, and untruthful advertising is itself a discipline ground under section 38-178(13).
Longevity / GLP-1
Section 38-179 makes receipt of fees on the assurance that an incurable disease can be permanently cured unprofessional conduct, which counsels against guarantee-style weight loss or reversal claims in GLP-1 and longevity marketing. Affiliate or referral-fee arrangements for patient acquisition should be reviewed against the same section's fee-splitting prohibition.(Neb. Rev. Stat. 38-179)
Telehealth posture
The Nebraska Telehealth Act (Neb. Rev. Stat. 71-8501 et seq.) governs telehealth by licensed practitioners. Section 71-8505 requires written patient information including a statement that the patient retains the option to refuse the telehealth consultation at any time without affecting the right to future care, confirms all existing confidentiality protections apply, and bars dissemination of patient-identifiable images or information to researchers or other entities without written patient consent. Consent must be documented by patient signature or verbal consent. Practices advertising virtual visits should reflect these consent obligations in their intake flow.
Neb. Rev. Stat. 71-8505 (Nebraska Telehealth Act) checked 2026-07-02
Common questions
Can a Nebraska med spa advertise discounts or promotional pricing?
Nebraska's published statutes do not address discount or fee advertising by health care licensees directly. The governing standard is general: under sections 38-124 and 38-178(13), the ad may not contain untruthful, deceptive, or misleading statements, so a promoted price should be real, available as stated, and free of hidden conditions. A compliance reviewer should confirm any promotion against those general standards.
Are patient testimonials and before/after photos allowed in Nebraska?
The board's published rules do not address testimonials or before/after photos directly. They are evaluated under the general prohibitions: section 38-124 bars deceptive or misleading information and misstatement of skills or credentials, and section 38-179 treats conduct likely to deceive the public, including any suggestion that an incurable condition can be permanently cured, as unprofessional conduct. Testimonials and photos that create unrealistic expectations of results carry risk under those standards.
Who can perform Botox and fillers advertised by a Nebraska med spa?
Per the Nebraska Board of Nursing's Aesthetic Nursing advisory opinion, neuromodulators and dermal fillers are Level III procedures: an RN may perform them only after a licensed practitioner's assessment, diagnosis, and prescription for each episode of care, with the practitioner on site for direct supervision. Nurse practitioners may perform them under their own license. Aesthetic procedures may not be delegated to unlicensed staff, so advertising should not imply otherwise.
Marketing that survives your board
The free growth audit includes a compliance read of your current site and ads against your state's advertising rules.