Texas Advertising Rules for Medical and Wellness Practices
This brief summarizes how Texas regulates advertising by physicians and the practices they supervise. Each rule below reflects text we read in a Texas Medical Board rule or a board-adjacent source, cited inline. It is educational, not legal advice.
Verified against Texas Medical Board sources, 2026-07-02
Educational summary for practice owners. Not legal advice.
False, deceptive, or misleading advertising
Texas Medical Board rules on physician advertising (22 TAC Chapter 164) prohibit any advertisement that is false, misleading, or deceptive. Statements about experience, competence, or the quality of services must be capable of factual support rather than left as unverifiable impressions. The board treats this standard as the anchor for all other advertising restrictions.
Texas Medical Assn., TMB advertising restrictions (22 TAC 164.3 and 164.4) checked 2026-07-02
Patient and professional testimonials
Under the board's advertising restrictions, patient and professional testimonials are treated as tending to be deceptive because they can imply a guaranteed or typical outcome. Practices relying on testimonial-style promotion should assume the board views the format itself as a compliance risk. The safer posture the rules point toward is factual, verifiable description of services rather than endorsement.
Texas Medical Assn., TMB advertising restrictions (22 TAC 164.3) checked 2026-07-02
Superiority and comparative claims
Advertising that claims superiority, a unique or exclusive skill, or a comparative advantage is restricted unless the claim is readily subject to verification and supported by factual substantiation. Superlatives such as best or most qualified require objective comparative data the practice can produce. Claims of a permanent cure for an incurable disease are prohibited outright.
Texas Medical Assn., TMB advertising restrictions (22 TAC 164.3) checked 2026-07-02
Board certification and specialty claims
Section 164.4 governs how a physician may advertise board certification. A physician may state board certification only when the certifying body is recognized, such as a member board of the American Board of Medical Specialties, the Bureau of Osteopathic Specialists, or the American Board of Oral and Maxillofacial Surgery, or a body meeting the board's specified requirements. The terms board eligible and board qualified are treated as confusing and are not permitted.
Tex. Admin. Code tit. 22 ch. 164, Physician Advertising (LII) checked 2026-07-02
Fee, discount, and free-service advertising
The board's rules allow advertising of fees, payment methods, and services, but a service cannot be advertised as free if costs are involved or a third party is billed, and associated costs must be disclosed. Discount and fee promotions remain subject to the general bar on false or misleading content. Photographs of models must explicitly identify them as models rather than actual patients.
Texas Medical Assn., TMB advertising restrictions (22 TAC 164.3) checked 2026-07-02
Med spa supervision, delegation, and required postings
The board treats nonsurgical medical cosmetic procedures, including neuromodulator and filler injections, IV hydration therapy, lasers, and prescription-device cosmetic treatments, as the practice of medicine under 22 TAC Chapter 169. A physician, PA, or APRN must perform a good faith exam and be immediately available for emergencies, and delegated acts require proper training and supervision. Facilities must post the delegating physician's name and TMB license number plus a board complaint notice in public areas and treatment rooms, and staff performing delegated acts must wear identification showing name and credentials.
TMLT, Regulations for medical spas in Texas (22 TAC 169.25-169.29) checked 2026-07-02
What this means by practice type
Med spas
Because Texas classifies injectables, IV therapy, lasers, and prescription-device cosmetic work as the practice of medicine, marketing that promises specific results, uses patient testimonials, or omits the supervising physician invites scrutiny. Practices should confirm the delegating physician's name and TMB license number are posted on site and reflected honestly in ads, and avoid free or discount framing that hides real costs.(TMLT, Regulations for medical spas in Texas (22 TAC 169.25-169.29))
Longevity and GLP-1 practices
Weight-loss and longevity advertising is subject to the same bar on unverifiable superiority claims, cure language, and testimonials that governs other physician advertising. Where a GLP-1 or hormone program is prescribed by telemedicine, the encounter must meet the same standard of care as an in-person visit, so ads should not imply prescribing without an adequate clinical evaluation.(TMLT, Telemedicine FAQs (Tex. Occ. Code ch. 111; 22 TAC ch. 174))
Dental and chiropractic
The advertising rules summarized here are Texas Medical Board rules that bind physicians (MD and DO) and the practices they supervise. Dentists and chiropractors are licensed by separate Texas boards with their own advertising standards, so a dental or chiropractic practice should consult its own board's rules rather than rely on the Medical Board's Chapter 164 alone.
Telehealth posture
Texas requires a telemedicine service to meet the same standard of care that would apply to the same service delivered in person, under Texas Occupations Code Chapter 111 and Texas Medical Board Chapter 174. There is no mandatory initial in-person visit, but the physician must establish a valid physician-patient relationship, obtain informed consent, and provide the HIPAA notice and the TMB complaint notice. Advertising a telehealth offering does not relax any of these obligations.
TMLT, Telemedicine FAQs (Tex. Occ. Code ch. 111; 22 TAC ch. 174) checked 2026-07-02
Markets in Texas
Common questions
Can a Texas practice advertise discounts or free services?
The board's rules permit advertising fees and services, but a service cannot be called free if costs are involved or billed to a third party, and associated costs must be disclosed. Discount promotions remain subject to the general prohibition on false, misleading, or deceptive advertising, so the framing must be accurate and verifiable.
Are patient testimonials allowed in Texas medical advertising?
The board's advertising restrictions treat testimonials as tending to be deceptive because they can imply a guaranteed outcome. Practices should assume testimonial-style promotion carries compliance risk and favor factual, verifiable descriptions of services instead.
Does a Texas med spa have to name the supervising physician?
Under the Medical Board's Chapter 169 rules for nonsurgical medical cosmetic procedures, a facility must post the delegating physician's name and TMB license number, along with a notice of how to file a complaint, in public areas and treatment rooms, and staff performing delegated acts must wear identification showing name and credentials.
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.