Our previous post this week discussed what medical practices and spas (collectively, “Medical Practices”) need to know about email marketing.  Like email, text messages are a popular option for advertising because of its low cost and direct access to the person receiving the text.  But Medical Practices using text messages must be careful when using texts for advertising purposes.  As it is with email, a Medical Practice that advertises services via text message must be mindful of their state’s restrictions on physician advertising.  However, the broader limitations governing text message advertising are more onerous and restrictive than those governing email, and it can be quite costly if a Medical Practice fails to comply with those restrictions.

Physician Advertising in General

Under Texas law, a Medical Practice is prohibited from advertising in any way that is false, deceptive, or misleading.  Every state has some form of this prohibition, and many states, like Texas, promulgate specific lists of prohibited advertising.  For example, Texas regulations prohibit, among other things, any advertisement that contains material false claims or misrepresentations of material facts which cannot be substantiated.  This means that before using an advertisement for services, a Medical Practice should meticulously review its contents to ensure the advertisement is accurate, contains verifiable claims, and is in no way deceptive or misleading.
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