New Mexico Advertising Rules for Healthcare Practices
A sourced summary of how New Mexico regulates advertising by med spa, dental, chiropractic, wellness, and longevity practices. Every rule below was verified against the statute, administrative code, or a board publication on the date shown. Educational summary, not legal advice.
Verified against New Mexico Medical Board sources, 2026-07-02
Educational summary for practice owners. Not legal advice.
False or misleading claims about skill or treatment efficacy
The Medical Practice Act defines unprofessional or dishonorable conduct to include making false or misleading statements regarding the skill of the licensee or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee. It also lists conduct likely to deceive, defraud or harm the public as grounds for discipline. This is the baseline standard the board can apply to any marketing claim a physician-supervised practice makes, including results language for aesthetic and wellness treatments.
NMSA 1978, Section 61-6-15(D)(9), (18) checked 2026-07-02
Fee splitting and referral inducements
The Medical Practice Act lists fee splitting as unprofessional conduct and defines it broadly: offering, delivering, receiving or accepting any unearned rebate, refund, commission preference, patronage dividend, discount or other unearned consideration as compensation or inducement for referring patients. The definition applies whether or not the parties share ownership. Paid referral arrangements, influencer commissions per referred patient, and rebate schemes tied to patient referrals fall within this language.
NMSA 1978, Section 61-6-15(D)(16), (E)(2) checked 2026-07-02
Med spa delegation, supervision, and cosmetic device use
Rule 16.10.13 NMAC governs medical therapeutic and cosmetic devices, including lasers and intense pulsed light. Medical assistants are limited to non-incisive, non-ablative devices, must be certified on each specific device, and the supervising physician must be immediately available on the premises. The rule states that the injection of cosmetic or aesthetic substances is the practice of medicine and shall not be delegated to medical assistants, so advertising injector services performed by unlicensed staff misrepresents what the rule permits.
16.10.13 NMAC, Use of Medical Therapeutic and Cosmetic Devices checked 2026-07-02
Board med spa guidance: holding out and public disclosure
The Medical Board's med spa FAQ states that medical spas are medical clinics, requiring a history and physical, treatment plan, consent, and a medical record completed by an independently licensed provider. Patients and the public must be informed of who the supervising physician is, and physicians must inform patients of the role of staff involved in procedures. The FAQ also states that medical aesthetician is not a legal designation in New Mexico, so staff cannot be marketed under that title, and only medically licensed providers can perform injections or tissue-destroying treatments.
NMMB Medical Spa Practice FAQ (rev. 3-18-2024) checked 2026-07-02
Dental advertising: testimonials, superiority, specialty, and name disclosure
Rule 16.5.1.29 NMAC prohibits misleading, deceptive, or false dental advertising, including claims likely to create an unjustified expectation about results and superiority language such as highest quality or super-dentist. Patient testimonials require patient consent, disclosure of any compensation, and a statement that results may vary in individual cases; paid third-party endorsements must disclose compensation. Advertising must include the dentist's or non-dentist owner's name, address and contact information, specialty claims require board recognition or CODA-accredited credentials, and licensees must be able to substantiate any assertion on board request.
16.5.1.29 NMAC, Advertising, Promotions and Specialty Recognitions checked 2026-07-02
Chiropractic advertising: prohibited content, free offers, and board pre-approval
Rule 16.4.20 NMAC prohibits fraudulent, false, deceptive, misleading or confusing chiropractic advertising, including unsubstantiated superiority claims, promises of painless treatment, and appeals to fear or anxiety about health. Free initial consultation offers must explain what is included and at exactly what point charges begin to accrue. Every ad must carry the chiropractor's full licensed name with D.C. or an approved designation, telemarketing scripts must be submitted to the board for approval and resubmitted yearly, and solicitations built from public records such as accident reports require board approval.
16.4.20 NMAC, Advertising (Chiropractic) checked 2026-07-02
What this means by practice type
Med spas
Marketing should name the supervising physician and describe staff roles accurately, since the board's FAQ requires the public to be informed who the supervising physician is and bars the medical aesthetician title. Do not advertise injectables as performed by medical assistants or aestheticians; 16.10.13 NMAC makes cosmetic injection non-delegable to MAs.(NMMB Medical Spa Practice FAQ)
Dental
New Mexico's dental rule is the most prescriptive advertising rule in the state for these verticals. Testimonials need consent, compensation disclosure, and a results-may-vary statement; superiority language is prohibited; specialty claims need board-recognized credentials; and ads must carry the owner's name and contact information.(16.5.1.29 NMAC)
Chiropractic
Free consultation and discount offers carry a specific disclosure duty: state what is included and exactly when charges begin. Telemarketing scripts and public-records solicitations need board approval before use, and every ad must show the licensed name with the D.C. or chiropractor designation.(16.4.20 NMAC)
Longevity and GLP-1
Weight-loss and longevity claims fall under the Medical Practice Act's ban on false or misleading statements about the efficacy or value of a treatment, so outcome guarantees are the highest-risk copy. Prescribing without an established relationship is restricted under 16.10.8 NMAC, so ads implying prescription on request without an encounter misstate what the rules permit.(16.10.8 NMAC, Medical Ethics)
Telehealth posture
New Mexico's medical ethics rule, 16.10.8 NMAC, generally prohibits prescribing without an established provider-patient relationship but permits consultation, recommendation, or treatment during a face-to-face telehealth encounter using standard videoconferencing technology. The encounter must include a medical history, informed consent, and a medical record, with a physical exam documented or waived when not typically needed for that service. The board adopts the AMA Code of Medical Ethics as its baseline standard, which applies to telehealth practice the same as in-person care.
16.10.8 NMAC, Medical Ethics (16.10.8.8(L)) checked 2026-07-02
Common questions
Can a New Mexico med spa advertise discounts or promotional pricing?
The Medical Board's published rules do not address discount advertising directly. The relevant constraints are indirect: the Medical Practice Act's fee-splitting definition covers rebates, discounts, or other consideration offered as an inducement for referring patients, and the general ban on statements likely to deceive applies to promotional pricing that misstates the real cost. Chiropractors have a specific rule: free or discounted service offers must disclose what is included and exactly when charges begin.
Are patient testimonials allowed in New Mexico healthcare advertising?
It depends on the license. Dental rule 16.5.1.29 NMAC permits testimonials with patient consent, disclosure of any compensation, and a results-may-vary statement. Chiropractic rule 16.4.20 NMAC prohibits testimonials that intimidate or improperly influence recipients. For physician practices, the Medical Board's published rules do not address testimonials directly; the governing standard is the statutory ban on false or misleading statements about skill or treatment efficacy.
Who can own or run a med spa in New Mexico?
The board's med spa FAQ does not state an ownership restriction directly. It does state that a medical spa is a medical clinic: an independently licensed provider must perform the exam, diagnosis, and treatment plan, a supervising physician must be on the premises when procedures are performed, only medically licensed providers can inject substances or destroy living tissue, and the public must be told who the supervising physician is. Ownership structure questions beyond that are not addressed in the board's published guidance and merit legal counsel.
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.