What does each state prohibit in med spa advertising
The same question, answered for 51 states from each state’s own law. States disagree on this, which is the point — an answer that is right in one is wrong next door. Every entry below is a statute or board rule we verified, most recently Sep 8, 2026.
Marketing · part of The Practice Perimeter
| State | What its rule says | Cited to |
|---|---|---|
| Alabama | The cited rules do not settle what you may claim — they only bar what you can't: advertising by knowingly false or deceptive statements is grounds for Cosmetology Board action, and a physician assistant may not be held out as a physician. | Ala. Admin. Code r. 250-X (Board of Cosmetology and Barbering — grounds for board action) Sep 4, 2026 |
| Alaska | The cited rules do not settle this — they list no permitted claims, only limits: false or misleading advertising of professional services is a board discipline ground, and unfair, deceptive, or sponsorship-confusing claims are unlawful trade practices. | AS 08.64.326(a)(3) (Grounds for discipline — advertising) Sep 5, 2026 |
| Arizona | The cited rules do not settle this — they list no permitted claims, only limits: false, fraudulent, deceptive or misleading advertising is unprofessional conduct, and deceptive or unfair ads are separately unlawful under the Consumer Fraud Act. | A.R.S. §32-1401(27) Jul 26, 2026 |
| Arkansas | The cited rules do not settle this — they set no general advertising standard; they only restrict the "Doctor" title, with exceptions for regulated professions and licensed doctoral-degree holders, and bar holding out delegated staff as licensed providers. | 17 CAR § 140-2601(5) (Ethical violations for physicians) Sep 4, 2026 |
| California | Only truthful, substantiated claims — nothing false, misleading or deceptive to induce patronage, and specifically no undisclosed altered images, unsubstantiated superiority claims, or misleading "as low as" price teasers; a violation is a misdemeanor. | Cal. Bus. & Prof. Code §651 Jul 26, 2026 |
| Colorado | The cited rules do not settle what services may be advertised — only that ads must not be misleading, deceptive or false, and that paying per-patient fees for referrals is a crime unless the payee is an independent marketing agent. | Colo. Rev. Stat. § 12-240-132(1)(a) Sep 2, 2026 |
| Connecticut | Not directly — the cited rules don't limit ad claims; they require every med spa advertisement to name the physician, PA, APRN or RN performing cosmetic medical procedures, or to state that the names are on the spa's website and list that address. | Conn. Gen. Stat. §19a-903c(d)(1) Sep 3, 2026 |
| Delaware | The cited rules do not settle what you may claim — they set only an outer limit: unethical or unprofessional advertising of medical practice is disciplinable, as are false or deceitful statements and fee-taking on a promise to cure an incurable condition. | 24 Del. C. §1731(b)(7) Sep 3, 2026 |
| District of Columbia | The cited rules do not settle this in full — advertising or representing that one is authorized to practice medicine is itself the practice of medicine, and offering to practice a regulated health occupation requires a license or exemption. | D.C. Code §3-1201.02(7)(A)(vii) Sep 3, 2026 |
| Florida | The cited rules do not list what may be advertised — they set only an outer limit: false, deceptive, or misleading physician advertising is disciplinable, and deceptive or unfair med spa marketing also breaches Florida's unfair trade practices act. | Fla. Stat. §458.331(1)(d) Jul 26, 2026 |
| Georgia | Only truthful, non-extravagant claims — the Board can discipline a licensee who advertises a cure for a manifestly incurable disease, or makes untruthful or improbable statements or flamboyant claims about professional excellence or treatment protocols. | O.C.G.A. §43-34-8(a)(6) Aug 17, 2026 |
| Hawaii | The cited rules do not settle this — they limit rather than license ads: a physician can be disciplined for false, fraudulent, or deceptive advertising, including excessive specialty-expertise claims or assuring a permanent cure for an incurable disease. | Haw. Rev. Stat. § 453-8(a)(3) Sep 8, 2026 |
| Idaho | Idaho states its advertising rule as a discipline ground in one line — advertising the practice of medicine in any unethical or unprofessional manner — and pairs it with two grounds that reach the way a cosmetic practice sells. | Idaho Code §54-1814(4) Sep 3, 2026 |
| Illinois | Truthful ads only — no claims of superior quality of care, no fee comparisons with other practitioners, no services you aren't licensed to provide, and no false, deceptive or misleading material, guarantees of success, or appeals to vanity or fears. | 225 ILCS 60/26 Aug 17, 2026 |
| Indiana | Any ad naming a practitioner must state the profession and license that person holds, and must not misrepresent their profession, skills, training, degree, board certification, or license — misleading advertising exposes the practitioner to board discipline. | Ind. Code §25-1-10.3-2, §25-1-10.3-7 Jul 26, 2026 |
| Iowa | The cited rules do not settle this — they set limits, not a permitted list: no false, misleading, deceptive, untruthful, or improbable claims, and the medical director must be clearly identified as the medical director in every ad, website, and sign. | Iowa Admin. Code r. 481—655.6(3)(d)-(e) (Medical director — advertising) Sep 4, 2026 |
| Kansas | The cited rules do not settle this — they list only advertising bans on healing-arts licensees: false or fraudulent solicitation, claims of professional superiority, guarantees of a service or a painless procedure, and titles implying unlicensed practice. | Kan. Stat. Ann. §65-2837(a)(1) Sep 3, 2026 |
| Kentucky | The cited rules do not settle this — they set a limit, not a list: a physician licensee may not make grossly improbable or extravagant claims tending to deceive, including claiming to cure conditions with methods of little therapeutic value. | Ky. Rev. Stat. §311.597(2) Sep 3, 2026 |
| Louisiana | The cited rules do not settle this — they set a limit, not a list: advertising or self-promotion that is false, deceptive, or misleading is grounds for the medical board to suspend or revoke a license, and deceptive acts in trade are separately unlawful. | La. Rev. Stat. §37:1285(A)(7) Sep 3, 2026 |
| Maine | Only what is not false, misleading or deceptive — the cited rules set no approved content list; a physician's license can be disciplined for deceptive advertising, and the Attorney General can sue to enjoin deceptive trade practices. | 32 M.R.S. §3282-A(1)(I) Sep 3, 2026 |
| Maryland | The cited rules do not settle this — they only limit physician ads: a "board certified" claim requires actual certification plus the board's full name and specialty, and a physician may advertise only as Medical Board regulations permit. | Md. Code, Health Occ. §14-503(a) Sep 3, 2026 |
| Massachusetts | One statute here regulates the WORD rather than the claim: using “physician” in a title, advertisement, listing of affiliations or communication is barred where it indicates or implies that you offer or engage in the practice of medicine or the provision of health care services in the commonwealth, unless the Board… | Mass. Gen. Laws ch. 112, § 8A Sep 1, 2026 |
| Michigan | The cited rules do not settle what may be advertised — they set limits, not permissions: Michigan has no med-spa-specific advertising rule, false or misleading advertising is a disciplinary ground, and holding out as practicing without a license is a felony. | Mich. Comp. Laws § 333.16221(d)(i) Sep 2, 2026 |
| Minnesota | The cited rules do not settle this — they set no permitted list; advertising that is false or misleading, breaks a board rule, or claims without substantiation a disease cure or superiority to another physician is grounds for discipline. | Minn. Stat. § 147.091, subd. 1(e) Sep 2, 2026 |
| Mississippi | Any truthful, non-misleading claim — a physician may advertise in any medium — but not "flamboyant claims" about professional excellence, and every ad must name a responsible physician identified as M.D., D.O., or D.P.M. | Miss. Code Ann. § 73-25-29(8)(c) Sep 8, 2026 |
| Missouri | The cited rules do not settle this — they set one limit: claiming a disease, ailment or infirmity can be cured by any method, treatment, medicine or device is misrepresentation and disciplinable, and deceptive advertising of merchandise is unlawful. | Mo. Rev. Stat. §334.100.2(4)(e) Sep 3, 2026 |
| Montana | The cited rules do not settle this — they set limits, not a permitted list: false, misleading or deceptive advertising is unprofessional conduct, deceptive trade acts are unlawful, and limited-field licensees may not use "M.D." or imply they treat disease. | Mont. Code Ann. § 37-1-316(1)(g) Sep 8, 2026 |
| Nebraska | Only claims the services can actually back — representing sponsorship, approval, characteristics, benefits or results a treatment doesn't have is a deceptive trade practice the Attorney General can enjoin, and no title may imply an uncredentialed profession. | Neb. Rev. Stat. §87-303.05(1) Sep 3, 2026 |
| Nevada | The cited rules do not settle this — they set limits, not permissions: false, deceptive or misleading medical advertising and offering to practice beyond your licensed scope are discipline grounds, and the AG can act on deceptive trade practices. | Nev. Rev. Stat. §630.304(2) Sep 3, 2026 |
| New Hampshire | New Hampshire names advertising conduct as a disciplinary ground twice over: including in advertising any statement of a character tending to deceive or mislead the public, or any statement claiming professional superiority, and advertising a drug or medicine of unknown formula or an anesthetic that is unnamed,… | N.H. Rev. Stat. §329:17, VI(g) Sep 3, 2026 |
| New Jersey | Only truthful claims within what the licensee can actually perform — no false, misleading or superiority claims and no guarantee of results; testimonials must be genuine, carry suitability and risk disclaimers, disclose compensation, and be documented 3 years. | N.J.A.C. 13:35-6.10 Aug 17, 2026 |
| New Mexico | Only services it is actually licensed to provide — ads may not be deceptive, false, or misleading, and a licensee may reference only their active license and may not hold out services that license doesn't cover. Deceptive advertising is unprofessional conduct. | 16.12.14.11(D) NMAC (Patient records, confidentiality, and advertising) Sep 4, 2026 |
| New York | The cited rules do not settle this — they set a limit, not a permitted list: advertising or soliciting patronage not in the public interest is misconduct, expressly including false, fraudulent, deceptive, misleading, sensational or flamboyant ads. | N.Y. Educ. Law §6530(27) Aug 17, 2026 |
| North Carolina | Not free rein — unfair or deceptive advertising in commerce is unlawful and Attorney General–enforceable, and a spa claiming the learned-profession carve-out must prove it. A physician may also be disciplined for advertising a system they weren't trained in. | N.C. Gen. Stat. §75-1.1(a) Aug 17, 2026 |
| North Dakota | The cited rules do not settle this — they list no permitted claims, but make advertising the practice of medicine in an untrue or deceptive manner, and false or misleading statements about a physician's skill or a medicine's efficacy, grounds for discipline. | N.D.C.C. § 43-17-31(1)(k) (Untrue or deceptive advertising) Sep 5, 2026 |
| Ohio | The cited rules do not settle this — they set a limit, not a list: any false, fraudulent, deceptive or misleading statement in advertising for patients is a disciplinary ground, and advertising as a practitioner without a license is unlawful. | Ohio Rev. Code §4731.22(B)(5) Aug 17, 2026 |
| Oklahoma | The Medical Practice Act reaches a med spa’s marketing in two places, and one of them is jurisdictional rather than disciplinary. | Okla. Stat. tit. 59, § 509 (Untrue or misleading advertising — both 2019 versions) Sep 5, 2026 |
| Oregon | The cited rules do not settle this — no advertising rule is given; they only make conduct contrary to recognized medical ethics or detrimental to the public unprofessional conduct for a licensed physician, and bar false statements about licensure. | Or. Rev. Stat. §677.190(4) Sep 3, 2026 |
| Pennsylvania | The cited rules set limits, not a permitted list: advertising a medical business with a tendency to deceive the public is unprofessional conduct even without intent, as are unconditional cure guarantees and untrue or misleading claims. | 49 Pa. Code §16.61 Aug 17, 2026 |
| Rhode Island | The cited rules do not settle this — no list of approved claims exists; they bar advertising of medical business that tends to deceive, deceptive claims, soliciting patronage through agents, and unlicensed holding out as a practitioner of medicine. | R.I. Gen. Laws §5-37-5.1(2) Sep 3, 2026 |
| South Carolina | The cited rules do not settle this — none sets an advertising standard; they establish that unethical conduct likely to deceive or harm the public and false statements in practice documents are board misconduct, and the AG may enjoin unfair trade practices. | S.C. Code §40-47-110(B)(9) Sep 3, 2026 |
| South Dakota | Only truthful claims — advertising of medical business that makes untruthful or improbable statements, or is calculated to mislead or deceive the public, is unprofessional conduct and grounds for the board to limit, suspend, or revoke the physician's license. | S.D. Codified Laws §36-4-30(5) Sep 3, 2026 |
| Tennessee | The cited rules do not settle what a med spa may advertise — they bar specific claims: that your services, personnel, materials or equipment are professionally superior, or that one licensee is better than another, unless that superiority can be substantiated. | Tenn. Comp. R. & Regs. 0880-02-.13(4)(a) Sep 2, 2026 |
| Texas | Texas regulates med-spa advertising through the Medical Board’s physician advertising rules, and several bite hardest on a med spa: a TESTIMONIAL is deemed misleading without both a credentials disclaimer and disclosure of compensation; models or actors must be identified as such; an undisclosed MEDICAL… | 22 TAC §164.3(a) Aug 17, 2026 |
| Utah | The cited rules do not settle which services or claims are allowed — they require only that any ad naming a health care provider identify the license type the division uses, across billboards, print, broadcast, web, and any other promotion. | Utah Code § 58-1-501.6(4) (Health care provider advertisements and disclosure) Sep 4, 2026 |
| Vermont | The cited rules do not settle this — there is no approved list; they only bar advertising about health care services that misleads or deceives the public, and bar anyone unlicensed from advertising or holding out as authorized to practice medicine. | Vt. Stat. tit. 26, §1354(a)(2) Sep 3, 2026 |
| Virginia | The cited rules do not settle this — no rule lists permitted claims; they only bar Board licensees from false, misleading or deceptive ads and require claim support and, in group practices, the accountable practitioner's name kept two years. | 18 Va. Admin. Code § 85-20-30 Sep 2, 2026 |
| Washington | The cited rules do not settle this — they set a limit, not a permission: false, fraudulent, or misleading advertising is unprofessional conduct for every licensee in the building, and there is no separate med-spa advertising rule. | Wash. Rev. Code 18.130.180(3) Sep 2, 2026 |
| West Virginia | The cited rules do not settle what a med spa may advertise — they only let the board discipline a physician for false or deceptive advertising and bar advertising any title implying aesthetician or medical licensure you don't hold. | W. Va. Code §30-3-14(c)(3) Sep 3, 2026 |
| Wisconsin | The cited rules do not settle this — they set no list of permitted claims, only prohibitions: false, misleading, or deceptive advertising is unprofessional conduct, as is uninvited in-person solicitation of patients vulnerable to undue influence. | Wis. Admin. Code Med § 10.03(1)(k) Sep 2, 2026 |
| Wyoming | The cited rules set a truthfulness limit rather than an approved list — the medical board can discipline for advertising the practice of medicine in a misleading, false or deceptive manner, or for false claims about a licensee's skill or a treatment's value. | Wyo. Stat. Ann. §33-26-402(a)(v) Sep 3, 2026 |
Every state, in its own words
Alabama
ALABAMA REACHES MARKETING FROM BOTH BOARDS. The Board of Cosmetology and Barbering may act against a licensee who ADVERTISES BY MEANS OF KNOWINGLY FALSE OR DECEPTIVE STATEMENTS. The Board of Medical Examiners reaches the related misrepresentation directly: it is a ground for disciplining a physician assistant that the assistant has represented himself or herself, or permitted another to represent him or her, as a physician.
Ala. Admin. Code r. 250-X (Board of Cosmetology and Barbering — grounds for board action) · verified Sep 4, 2026
The full Alabama answer, with the rest of the section → · Every Alabama rule on advertising rules →Alaska
Advertising reaches an Alaska practitioner from two directions. The Medical Board may sanction a licensee who advertised professional services in a false or misleading manner (AS 08.64.326(a)(3)) — a board ground, enforced through license discipline. Separately the Unfair Trade Practices Act declares unfair or deceptive acts in trade or commerce unlawful and names, among them, causing a likelihood of confusion as to the source, sponsorship or approval of services — a consumer-protection statute enforced outside the board. The claims below establish both grounds. They do not establish any disclosure or before-and-after photography requirement either way.
AS 08.64.326(a)(3) (Grounds for discipline — advertising) · verified Sep 5, 2026
The full Alaska answer, with the rest of the section → · Every Alaska rule on advertising rules →Arizona
False, fraudulent, deceptive, or misleading advertising is unprofessional conduct subject to Medical Board discipline.
A.R.S. §32-1401(27) · verified Jul 26, 2026
The full Arizona answer, with the rest of the section → · Every Arizona rule on advertising rules →Arkansas
ARKANSAS REGULATES THE WORD “DOCTOR” IN THE MARKETING ITSELF. The board separately treats grossly over-utilizing, ordering or performing tests or procedures on a patient as an ethical violation where that may result in harm. On advertising proper, no person may advertise, or allow themselves to be advertised, by the title “Doctor” in association with the practice of one of the healing arts except in a healthcare profession regulated under the occupational licensing chapter — and then only in accordance with that profession’s statutes and rules — or where the person has been granted a doctoral degree in a healing arts profession and is licensed in it.
17 CAR § 140-2601(5) (Ethical violations for physicians) · verified Sep 4, 2026
The full Arkansas answer, with the rest of the section → · Every Arkansas rule on advertising rules →California
A licensed practitioner may not disseminate any false, fraudulent, misleading, or deceptive communication to induce patronage — expressly reaching undisclosed altered images, unsubstantiated superiority claims, and misleading “as low as” price teasers. A violation is a misdemeanor and separate grounds for discipline.
Cal. Bus. & Prof. Code §651 · verified Jul 26, 2026 · read at Public.Law — California Codes
The full California answer, with the rest of the section → · Every California rule on advertising rules →Colorado
⚠️ THE MOST COMMERCIALLY USEFUL PROVISION IN THIS ENTRY. Paying anyone for sending patients is a CLASS 2 MISDEMEANOR — but Colorado then expressly permits paying an INDEPENDENT ADVERTISING OR MARKETING AGENT, including ON A PER-PATIENT BASIS. Most states leave lead-generation arrangements to be argued about; Colorado legislated the line.
Colo. Rev. Stat. § 12-240-132(1)(a) · verified Sep 2, 2026
The full Colorado answer, with the rest of the section → · Every Colorado rule on advertising rules →Connecticut
Connecticut regulates medical spa advertising directly: any advertisement by the spa must carry the information identifying the physician, physician assistant, advanced practice registered nurse or registered nurse who performs cosmetic medical procedures — or state that the information may be found on the spa’s Internet web site and list that address.
Conn. Gen. Stat. §19a-903c(d)(1) · verified Sep 3, 2026
The full Connecticut answer, with the rest of the section → · Every Connecticut rule on advertising rules →Delaware
Delaware’s cited advertising rules are written as grounds of discipline. Advertising the practice of medicine, or another profession regulated under the chapter, in an unethical or unprofessional manner is unprofessional conduct — as is any false, fraudulent, deceitful, dishonest or unethical practice in connection with the practice of medicine, and the solicitation or acceptance of a fee by FRAUDULENT representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured. On the aesthetics side the prohibition is on holding out: a person may not use any title or description conveying or tending to convey the impression that they are qualified to practice aesthetics unless licensed. These claims survey 24 Del. C. §§1731 and 5125.
24 Del. C. §1731(b)(7) · verified Sep 3, 2026
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The District treats the marketing claim itself as practicing medicine: ADVERTISING OR REPRESENTING IN ANY MANNER that one is authorized to practice medicine falls inside the statutory definition, so a med spa that holds itself out that way is practicing medicine whether or not it treats anyone. Fraudulent or deceptive use of a license is separately a disciplinary ground.
D.C. Code §3-1201.02(7)(A)(vii) · verified Sep 3, 2026
The full District of Columbia answer, with the rest of the section → · Every District of Columbia rule on advertising rules →Florida
False, deceptive, or misleading advertising by a physician is a ground for discipline.
Fla. Stat. §458.331(1)(d) · verified Jul 26, 2026
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The Board may discipline a licensee who advertised for or solicited patients, obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured, or made untruthful or improbable statements, or flamboyant or extravagant claims, concerning their professional excellence or treatment protocols.
O.C.G.A. §43-34-8(a)(6) · verified Aug 17, 2026 · read at FindLaw Codes
The full Georgia answer, with the rest of the section → · Every Georgia rule on advertising rules →Hawaii
THE ADVERTISING PROVISIONS THAT REACH A HAWAII MEDICAL PRACTICE IN THE SECTIONS CITED HERE ARE THE LICENSING GROUNDS AND THE UNFAIR-PRACTICES STATUTE. The medical practice act makes false, fraudulent, or deceptive advertising a ground for revoking, limiting, suspending, or denying a license, and names excessive claims of expertise in a specialty, assuring a permanent cure for an incurable disease, and any untruthful and improbable statement in advertising a practice; the uniform licensing statute lists the same ground, and the cosmetology act makes a false representation or promise through advertising a ground against a beauty operator or shop. A physician assistant may not advertise without the supervising physician’s name or in a manner implying independent practice. Outside the licensing system, unfair or deceptive acts or practices in trade or commerce are unlawful, construed in light of Federal Trade Commission law, with a civil fine of $500 to $10,000 per violation collected by the attorney general or the director of the office of consumer protection, who may also sue to enjoin a violation. None of these provisions mentions before-and-after photographs, testimonials, or discounts.
Haw. Rev. Stat. § 453-8(a)(3) · verified Sep 8, 2026
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Idaho states its advertising rule as a discipline ground in one line — advertising the practice of medicine in any unethical or unprofessional manner — and pairs it with two grounds that reach the way a cosmetic practice sells. Willfully and intentionally representing that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured is a ground; so is DIRECTLY PROMOTING THE SALE of drugs, devices, appliances or goods to a patient that are unnecessary and not medically indicated — which speaks to retail and device upsell inside a practice, not only to external marketing. Practicing medicine under a false or assumed name is a further ground.
Idaho Code §54-1814(4) · verified Sep 3, 2026
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A physician may not advertise claims of superior quality of care to entice the public, may not compare fees with other practitioners, may not advertise services they are not licensed to provide, and may not use false, fraudulent, deceptive or misleading material or guarantees of success, or messages that play upon the vanity or fears of the public.
225 ILCS 60/26 · verified Aug 17, 2026
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An advertisement that names a practitioner must state the profession/license held and must not include deceptive or misleading information — anything misrepresenting a practitioner’s profession, skills, training, expertise, degree, board certification, or license. Violations subject the practitioner to board discipline.
Ind. Code §25-1-10.3-2, §25-1-10.3-7 · verified Jul 26, 2026
The full Indiana answer, with the rest of the section → · Every Indiana rule on advertising rules →Iowa
IOWA REQUIRES THE MEDICAL DIRECTOR TO BE NAMED IN THE MARKETING, WHICH IS AN UNUSUAL DUTY AND A CHECKABLE ONE. The director must ensure advertising activities do not include false, misleading or deceptive representations, AND must be clearly identified as the medical director in ALL advertising activities, internet websites and signage related to the medical spa. Separately, use of untruthful or improbable statements in advertisements is a ground for discipline, and the rule spells out what that includes — among them inflated or unjustified claims that lead to expectations of favorable results.
Iowa Admin. Code r. 481—655.6(3)(d)-(e) (Medical director — advertising) · verified Sep 4, 2026
The full Iowa answer, with the rest of the section → · Every Iowa rule on advertising rules →Kansas
Kansas writes an unusually specific advertising list into its definition of unprofessional conduct, and two entries reach claims a cosmetic practice is tempted to make. Solicitation of professional patronage through the use of fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee, is unprofessional conduct; so is representing to a patient that a manifestly incurable disease, condition or injury can be permanently cured. Beyond falsity, the statute reaches SUPERIORITY AND GUARANTEE claims directly: advertising professional superiority or the performance of professional services in a superior manner is unprofessional conduct, as is advertising to guarantee any professional service or to perform any operation painlessly. Outside the board, the Consumer Protection Act lets the ATTORNEY GENERAL or any county or district attorney sue for a declaratory judgment, an injunction or restraining order, damages on behalf of consumers, and reasonable expenses and investigation fees. In lieu of instigating or continuing an action, the attorney general may accept a consent judgment providing for the supplier to discontinue the practice.
Kan. Stat. Ann. §65-2837(a)(1) · verified Sep 3, 2026
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KENTUCKY REACHES THE EXTRAVAGANT CLAIM DIRECTLY, AND SAYS ACTUAL INJURY NEED NOT BE SHOWN. Issuing, publishing, or making oral or written representations in which GROSSLY IMPROBABLE OR EXTRAVAGANT STATEMENTS are made which have a tendency to deceive or defraud the public is dishonorable, unethical or unprofessional conduct — and the statute names the case a cosmetic practice is most likely to fall into: any representation in which the licensee claims to cure or treat diseases, ailments or infirmities BY A METHOD, PROCEDURE, TREATMENT OR MEDICINE WHICH THE LICENSEE KNOWS OR HAS REASON TO KNOW HAS LITTLE OR NO THERAPEUTIC VALUE. It also reaches holding oneself out as able and willing to treat under a system or school of practice other than the one for which the licensee holds a certificate, license or accredited degree. For that subsection, ACTUAL INJURY TO A PATIENT NEED NOT BE ESTABLISHED. On the cosmetology side, false or deceptive practice or misrepresentation INCLUDING ADVERTISING is its own ground.
Ky. Rev. Stat. §311.597(2) · verified Sep 3, 2026
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Louisiana's advertising ground is written to catch SELF-PROMOTION as well as patient solicitation, and it reaches private communication as well as public: solicitation of patients or self-promotion through advertising or communication, PUBLIC OR PRIVATE, which is fraudulent, false, deceptive, or misleading, is a cause for which the board may refuse, suspend or revoke a license. Two neighbouring causes bear on the commercial side of a cosmetic practice: gross, willful, and continued overcharging for professional services; and fraud, deceit, or perjury in obtaining any diploma, license, or permit pertaining to the Part. The cosmetology chapter states its own premise — that it is a matter of public interest and concern that only qualified persons be permitted to engage in the practice of cosmetology.
La. Rev. Stat. §37:1285(A)(7) · verified Sep 3, 2026
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Maine states the advertising rule as a discipline ground in three words — false, misleading or deceptive — and pairs it with a fraud ground that reaches misrepresentation in connection with the service rendered, not merely in obtaining the license. Alongside the board, Maine’s Unfair Trade Practices Act declares unfair or deceptive acts or practices in the conduct of any trade or commerce unlawful, and gives the Attorney General power to bring an action in the name of the State for an injunction and for restoration of money or property to anyone who suffered an ascertainable loss.
32 M.R.S. §3282-A(1)(I) · verified Sep 3, 2026
The full Maine answer, with the rest of the section → · Every Maine rule on advertising rules →Maryland
Maryland reaches med-spa marketing through the Board of Physicians twice over: a physician may advertise only as the Board’s rules permit and may not claim board certification without holding it and naming the certifying board, and advertising in violation of that section is itself a disciplinary ground.
Md. Code, Health Occ. §14-503(a) · verified Sep 3, 2026
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One statute here regulates the WORD rather than the claim: using “physician” in a title, advertisement, listing of affiliations or communication is barred where it indicates or implies that you offer or engage in the practice of medicine or the provision of health care services in the commonwealth, unless the Board has registered you — with three named and narrow exceptions.
Mass. Gen. Laws ch. 112, § 8A · verified Sep 1, 2026
The full Massachusetts answer, with the rest of the section → · Every Massachusetts rule on advertising rules →Michigan
Michigan files advertising under UNETHICAL BUSINESS PRACTICES, in the same list as fee-splitting and kickbacks — which tells you how the Board frames a misleading claim.
Mich. Comp. Laws § 333.16221(d)(i) · verified Sep 2, 2026 · read at Internet Archive snapshot — evidence of a page, not the current rule
The full Michigan answer, with the rest of the section → · Every Michigan rule on advertising rules →Minnesota
TWO MEDICAL PRACTICE ACT GROUNDS reach advertising, and the first of them covers SUBSTANTIATION and COMPARATIVE claims — the two things cosmetic marketing does most. The second catches an overselling advertisement as conduct likely to deceive the public, with no misled patient required. Beyond that Act, the Attorney General investigates violations of Minnesota law respecting unfair, discriminatory and other unlawful practices in business, commerce or trade.
Minn. Stat. § 147.091, subd. 1(e) · verified Sep 2, 2026
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THE ADVERTISING PROVISIONS THAT REACH A MISSISSIPPI MEDICAL PRACTICE IN THE SECTIONS CITED HERE ARE THE MEDICAL BOARD’S ADVERTISING RULE AND THE HEALTH CARE PRACTITIONER ADVERTISING ACT. The medical practice act makes flamboyant claims of professional excellence unprofessional conduct. The Board’s rule lets a physician advertise provided the communication is not misleading by omission, contains no false or misleading statement, and does not otherwise deceive; every advertisement must name at least one responsible physician, identified as M.D., D.O., or D.P.M. rather than only “Doctor.” The advertising act requires any advertisement naming a practitioner to identify the type of license held and to be free of deceptive or misleading information, defines deceptive to include misstating the practitioner’s profession, skills, training, expertise, education, board certification, or licensure, requires the license type to be posted in the office, and makes a violation unprofessional conduct subject to discipline by the practitioner’s own board. None of these provisions mentions before-and-after photographs, testimonials, or discounts.
Miss. Code Ann. § 73-25-29(8)(c) · verified Sep 8, 2026
The full Mississippi answer, with the rest of the section → · Every Mississippi rule on advertising rules →Missouri
Three subparagraphs of Missouri’s omnibus discipline ground — misconduct, fraud, misrepresentation, dishonesty, unethical conduct or unprofessional conduct in the performance of the functions or duties of any profession licensed or regulated by CHAPTER 334 — bear directly on how a med spa sells: misrepresenting that any disease, ailment or infirmity can be CURED by a method, procedure, treatment, medicine or device; obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation, including willfully and continually overcharging or overtreating patients or charging for visits that did not occur; and attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion or consultation. Outside the board, the Merchandising Practices Act declares deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression or omission of any material fact in connection with the sale or advertisement of merchandise an unlawful practice, and the ATTORNEY GENERAL may seek an injunction in circuit court against it.
Mo. Rev. Stat. §334.100.2(4)(e) · verified Sep 3, 2026
The full Missouri answer, with the rest of the section → · Every Missouri rule on advertising rules →Montana
THE ADVERTISING PROVISIONS THAT REACH A MONTANA MEDICAL PRACTICE IN THE SECTIONS CITED HERE ARE GENERAL ONES: THE UNIFORM LICENSING STATUTE AND THE CONSUMER PROTECTION ACT. The uniform licensing statute makes a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession unprofessional conduct for every Title 37 licensee, and separately reaches a document or statement the licensee knows or ought to know is false or misleading. The medical practice act forbids a limited-field licensee who does not hold a medical degree from using M.D., D.O., or any word or abbreviation that would induce others to believe the person diagnoses or treats disease. Outside the licensing system, the Consumer Protection Act makes unfair or deceptive acts or practices in trade or commerce unlawful; the department may sue in the name of the state to enjoin such a practice, and a court may impose a civil fine of up to $10,000 per willful violation. None of these provisions mentions before-and-after photographs, testimonials, or discounts.
Mont. Code Ann. § 37-1-316(1)(g) · verified Sep 8, 2026
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Two regimes reach med-spa marketing in Nebraska. The ATTORNEY GENERAL may obtain a restraining order or injunction against a deceptive trade practice, which includes representing that services have characteristics, uses or benefits they do not have. Separately, the definition of unprofessional conduct reaches any conduct LIKELY TO DECEIVE OR DEFRAUD the public or detrimental to the public interest, whether or not anyone was injured, and names taking fees on the assurance that an incurable disease can be permanently cured.
Neb. Rev. Stat. §87-303.05(1) · verified Sep 3, 2026
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Nevada reaches deceptive med-spa marketing through the Board of Medical Examiners’ disciplinary grounds: advertising the practice of medicine in a false, deceptive or misleading manner is itself a ground for discipline, as is any conduct intended to deceive, and as is obtaining or renewing a license by any false, misleading, inaccurate or incomplete statement.
Nev. Rev. Stat. §630.304(2) · verified Sep 3, 2026
The full Nevada answer, with the rest of the section → · Every Nevada rule on advertising rules →New Hampshire
New Hampshire names advertising conduct as a disciplinary ground twice over: including in advertising any statement of a character tending to deceive or mislead the public, or any statement claiming PROFESSIONAL SUPERIORITY, and advertising a drug or medicine of unknown formula or an anesthetic that is unnamed, misnamed, misrepresented or not in reality used.
N.H. Rev. Stat. §329:17, VI(g) · verified Sep 3, 2026
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New Jersey’s PATIENT TESTIMONIAL rule is unusually detailed: the testimonial must truthfully reflect that patient’s actual experience, carry two conspicuous disclaimers, disclose any compensation, and be documented — including a signed and notarized statement from the patient — for three years. The paperwork obligation outlives the campaign. The general advertising rule reaches any statement, claim or format that is false, fraudulent, misleading or deceptive, any misrepresentation of a material fact, any claim of superiority over standard professional practice, and any offer of services beyond the licensee’s scope.
N.J.A.C. 13:35-6.10 · verified Aug 17, 2026 · read at Cornell Legal Information Institute
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NEW MEXICO REGULATES AESTHETIC MARKETING FROM BOTH BOARDS AT ONCE. The nursing rule states that advertising and marketing of aesthetic healthcare procedures is regulated and may not be deceptive, false or misleading, and requires a licensee to reference only their ACTIVE license and never to hold out services they are not licensed to provide. The medical board reaches the same conduct from the discipline side, listing deceptive or anonymous advertising and improper use of a fictitious name among the acts constituting unprofessional or dishonorable conduct.
16.12.14.11(D) NMAC (Patient records, confidentiality, and advertising) · verified Sep 4, 2026
The full New Mexico answer, with the rest of the section → · Every New Mexico rule on advertising rules →New York
Advertising or soliciting for patronage that is not in the public interest is professional misconduct, expressly including advertising that is false, fraudulent, deceptive, misleading, sensational or flamboyant.
N.Y. Educ. Law §6530(27) · verified Aug 17, 2026
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Unfair methods of competition, and unfair or deceptive acts or practices, in or affecting commerce are unlawful in North Carolina. The Attorney General enforces this alongside any private action, and it reaches marketing conduct that no licensing board would touch.
N.C. Gen. Stat. §75-1.1(a) · verified Aug 17, 2026
The full North Carolina answer, with the rest of the section → · Every North Carolina rule on advertising rules →North Dakota
Advertising reaches a North Dakota physician through the disciplinary grounds. Three of the grounds in 43-17-31(1) bear on marketing: advertising for the practice of medicine in an untrue or deceptive manner; making false or misleading statements about the physician’s skill or the efficacy of any medicine; and practicing medicine under a false or assumed name. These claims establish those three grounds; they do not establish any disclosure, testimonial or before-and-after photography requirement.
N.D.C.C. § 43-17-31(1)(k) (Untrue or deceptive advertising) · verified Sep 5, 2026
The full North Dakota answer, with the rest of the section → · Every North Dakota rule on advertising rules →Ohio
Making a false, fraudulent, deceptive or misleading statement in the solicitation of, or advertising for, patients is a statutory ground for discipline in Ohio — covering statements that misrepresent facts, omit material facts, create false expectations, or would cause an ordinary person to be misled.
Ohio Rev. Code §4731.22(B)(5) · verified Aug 17, 2026
The full Ohio answer, with the rest of the section → · Every Ohio rule on advertising rules →Oklahoma
The Medical Practice Act reaches a med spa’s marketing in two places, and one of them is jurisdictional rather than disciplinary. Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine and surgery in this state IS ITSELF within the statutory definition of the practice of medicine — so the advertisement can be the practice. Separately, all advertising of medical business in which statements are grossly untrue or improbable and calculated to mislead the public is unprofessional conduct. That second ground appears identically in BOTH 2019 versions of § 509 the compilation carries, so it does not depend on which version controls. Beyond that Act, the Attorney General or a district attorney may sue to enjoin an act or practice that violates the Consumer Protection Act.
Okla. Stat. tit. 59, § 509 (Untrue or misleading advertising — both 2019 versions) · verified Sep 5, 2026
The full Oklahoma answer, with the rest of the section → · Every Oklahoma rule on advertising rules →Oregon
Oregon defines unprofessional or dishonorable conduct, for a person licensed to practice MEDICINE OR PODIATRY, as conduct unbecoming such a licensee or detrimental to the best interests of the public — including any conduct or practice contrary to the recognized standards of ethics of the medical or podiatric profession, or which does or might constitute a danger to a patient or the public. Knowingly making a false statement material to the right to practice medicine or to obtain a license is separately prohibited. Neither provision is an advertising rule by its terms; how either applies to a particular marketing claim is a judgment for the board.
Or. Rev. Stat. §677.190(4) · verified Sep 3, 2026
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Advertising a medical business in a way that is intended to deceive the public, or that has a tendency to deceive the public, is unprofessional conduct in Pennsylvania. Intent is not required — a tendency to deceive is enough.
49 Pa. Code §16.61 · verified Aug 17, 2026 · read at Cornell Legal Information Institute
The full Pennsylvania answer, with the rest of the section → · Every Pennsylvania rule on advertising rules →Rhode Island
Rhode Island’s advertising ground turns on TENDENCY, not proof of harm: all advertising of medical business that is intended OR HAS A TENDENCY to deceive the public is unprofessional conduct. Three neighbouring grounds reach the commercial conduct around a cosmetic practice directly — promotion by a physician of the sale of drugs, devices, appliances, or goods or services provided for a patient IN A MANNER AS TO EXPLOIT THE PATIENT FOR THE PHYSICIAN’S FINANCIAL GAIN; soliciting professional patronage by agents or persons, or profiting from the acts of those representing themselves to be the physician’s agents; and gross and willful overcharging for professional services, including filing false statements to collect fees for services not rendered.
R.I. Gen. Laws §5-37-5.1(2) · verified Sep 3, 2026
The full Rhode Island answer, with the rest of the section → · Every Rhode Island rule on advertising rules →South Carolina
South Carolina reaches deceptive med-spa marketing through the Board of Medical Examiners’ misconduct grounds: dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public is misconduct, and so is using a false or fraudulent statement in a document connected with the licensee’s practice.
S.C. Code §40-47-110(B)(9) · verified Sep 3, 2026
The full South Carolina answer, with the rest of the section → · Every South Carolina rule on advertising rules →South Dakota
South Dakota's advertising ground is one of the broadest in this reference and it does not require falsity: unprofessional or dishonorable conduct includes ALL ADVERTISING OF MEDICAL BUSINESS IN WHICH UNTRUTHFUL OR IMPROBABLE STATEMENTS ARE MADE, OR WHICH ARE CALCULATED TO MISLEAD OR DECEIVE THE PUBLIC — “improbable” and “calculated to mislead” reaching claims that are not provably untrue. Two neighbouring items cover the sales practices around it: obtaining any fee ON THE ASSURANCE THAT A MANIFESTLY INCURABLE DISEASE CAN BE PERMANENTLY CURED, and employing what is known as CAPPERS OR STEERERS.
S.D. Codified Laws §36-4-30(5) · verified Sep 3, 2026
The full South Dakota answer, with the rest of the section → · Every South Dakota rule on advertising rules →Tennessee
Tennessee lists the advertising acts that are unprofessional conduct by name — superiority claims that cannot be substantiated, unearned degrees, and promoting services beyond what the licensee can actually do.
Tenn. Comp. R. & Regs. 0880-02-.13(4)(a) · verified Sep 2, 2026
The full Tennessee answer, with the rest of the section → · Every Tennessee rule on advertising rules →Texas
Texas regulates med-spa advertising through the Medical Board’s physician advertising rules, and several bite hardest on a med spa: a TESTIMONIAL is deemed misleading without both a credentials disclaimer and disclosure of compensation; models or actors must be identified as such; an undisclosed MEDICAL DIRECTORSHIP at a non-primary location is deemed misleading; patients must consent before their photographs are used — the before-and-after gallery rule; and a copy of every advertisement must be kept for two years.
22 TAC §164.3(a) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
The full Texas answer, with the rest of the section → · Every Texas rule on advertising rules →Utah
UTAH DEFINES THE ADVERTISEMENT BROADLY, AND ONE OF THE DUTIES IT ATTACHES IS ABOUT THE LICENSE. “Advertisement” reaches billboards, brochures, direct mail, radio and television scripts, telephone directories, internet websites and any other means of promotion intended to induce a person to enter into an agreement for services with a health care provider. Where a provider is permitted to advertise at all, an advertisement carrying the provider’s name must identify the LICENSE TYPE, as used by the division, under which that provider is practicing. Other subsections of § 58-1-501.6 were not surveyed here.
Utah Code § 58-1-501.6(4) (Health care provider advertisements and disclosure) · verified Sep 4, 2026
The full Utah answer, with the rest of the section → · Every Utah rule on advertising rules →Vermont
Vermont makes misleading health care advertising unprofessional conduct in express terms — ALL advertising about health care services or a medical business that is intended or has a tendency to mislead or deceive the public. It separately requires specific notice, disclosure and advertising steps for unapproved stem cell products.
Vt. Stat. tit. 26, §1354(a)(2) · verified Sep 3, 2026
The full Vermont answer, with the rest of the section → · Every Vermont rule on advertising rules →Virginia
Virginia is specific about the paperwork behind a claim. For a practice with MORE THAN ONE PRACTITIONER, the practitioner responsible for an advertisement must be documented and kept on record INTERNALLY by the practice, and the evidence supporting a claim must survive TWO YEARS of board review.
18 Va. Admin. Code § 85-20-30 · verified Sep 2, 2026
The full Virginia answer, with the rest of the section → · Every Virginia rule on advertising rules →Washington
Washington needs no advertising rule of its own for med spas: false, fraudulent or misleading advertising is unprofessional conduct for every health licensee in the state, under one statute that covers them all.
Wash. Rev. Code 18.130.180(3) · verified Sep 2, 2026
The full Washington answer, with the rest of the section → · Every Washington rule on advertising rules →West Virginia
West Virginia’s medical advertising rule is a three-word discipline ground — false or deceptive advertising — but the sections around it are where a med spa’s marketing risk actually sits. Requesting, receiving or paying, directly or indirectly, a payment, rebate, refund, commission, credit or other form of profit or valuable consideration FOR THE REFERRAL OF PATIENTS is a separate ground,. On the aesthetics side it is unlawful to advertise or use any title or description tending to convey the impression that a person is a licensed or certified aesthetician unless licensed.
W. Va. Code §30-3-14(c)(3) · verified Sep 3, 2026
The full West Virginia answer, with the rest of the section → · Every West Virginia rule on advertising rules →Wisconsin
False, misleading or deceptive advertising is unprofessional conduct — and Wisconsin pairs it with a rule aimed squarely at soliciting people who are in no position to refuse.
Wis. Admin. Code Med § 10.03(1)(k) · verified Sep 2, 2026
The full Wisconsin answer, with the rest of the section → · Every Wisconsin rule on advertising rules →Wyoming
Advertising the practice of medicine in a MISLEADING, FALSE OR DECEPTIVE MANNER is a ground for discipline in Wyoming. Two neighbouring grounds reach the identity a practice trades under: impersonating another licensee or practicing medicine under a false or assumed name, and permitting or allowing any person to use the licensee's diploma, license or certificate of registration. The cosmetology act supplies its own standard of conduct, defining “unprofessional” as acting in an extreme manner not conforming to current standards of the cosmetology industry.
Wyo. Stat. Ann. §33-26-402(a)(v) · verified Sep 3, 2026
The full Wyoming answer, with the rest of the section → · Every Wyoming rule on advertising rules →Which states this covers
51 of the 51 states for which we publish statute-cited rules. That is not every state, and nothing above should be read as describing one that is not listed — the answer genuinely differs, so a neighbouring state is not a guide. We monitor all 50 state legislatures plus the FDA and the Federal Register daily; the cited rule set is narrower than the monitoring and is growing on its own timetable.
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MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).