Texas Medical Board rule 22 TAC §164.3 treats a testimonial as misleading advertising unless it carries a disclaimer about the speaker's credentials and discloses any compensation. The rule also requires ads to say when people shown are models or actors rather than patients, and bars terms such as “board eligible.”
Under 22 TAC §164.4, a Texas physician may advertise as “board certified” only when certified by a member board of the American Board of Medical Specialties, the AOA Bureau of Osteopathic Specialists, the American Board of Oral and Maxillofacial Surgery, or another board the Texas Medical Board has approved.
Federal privacy enforcement has reached a Dallas practice over review replies. Elite Dental Associates, a Dallas dental practice rather than a plastic surgery office, agreed in 2019 to pay HHS's Office for Civil Rights $10,000 after a patient complained that its Yelp response revealed her last name, treatment plan, insurance and cost information.
Our view: Texas already polices how surgeons present themselves, and the Elite Dental case shows the risk of arguing with a reviewer in public. A policy report asks the platform to judge the review without the practice saying anything about the patient.