Florida Medical Advertising Rules: What the Law Requires and How to Comply
What Florida law requires of a medical clinic's ads: no unjustified expectations, the physician's name and license, "board certified" with the board's name, the 72-hour notice, and testimonials under HIPAA. Every rule with its citation and source.
Short answer
In Florida, physician advertising follows §458.331 of the Florida Statutes and the Board of Medicine's Rule 64B8-11.001. The ad names the physician and their license (M.D., P.A. or A.A.), creates no unjustified expectations and doesn't present them as superior to other physicians, says "board certified" only while naming an approved board, and every free or discounted offer carries the 72-hour notice. Using a patient's health information in marketing requires their authorization.
The Board's rule defines an advertisement as any statement, oral or written, disseminated to the public to sell or offer professional services (64B8-11.001(3), F.A.C.). These are the rules that matter most in a campaign for a clinic with physicians, each with its citation. All of them were checked at their official source on October 17, 2026.
1. Nothing false, and no unjustified expectations
False, deceptive or misleading advertising is grounds for discipline against a physician (§458.331(1)(d), F.S.). The Board's rule spells out what counts: false facts, half-truths, false or unjustified expectations of benefit, promises the physician doesn't intend to keep, and anything else that misleads (64B8-11.001(2)(a)–(e), F.A.C.). Promoting the use, sale or dispensing of a controlled substance is also grounds for discipline (§458.331(1)(rr)).
How we handle it: we tell what you treat and how you work, without "guaranteed results" or promises of a cure.
2. The physician's name and license type
The ad identifies the physician by name, conspicuously, and every ad that carries the licensee's name identifies them as M.D., P.A. or A.A. (64B8-11.001(2)(i) and (7)). The law asks the same of every health care professional: if the ad names the professional, it states their type of license (§456.072(1)(t), F.S.).
How we handle it: we put it on websites, ads and posts, using the details your clinic confirms.
3. "Board certified," with the board's name
A physician can't hold out as a "board-certified specialist" without recognition from an American Board of Medical Specialties board or another agency approved by the Board; they can list the services they offer and say their practice is limited to them, if true (§458.3312, F.S.). Any mention of certification names the board that granted it, and if that board isn't approved, the ad carries, in the same size: "The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine." (64B8-11.001(2)(f), (j) and (k)).
How we handle it: we check the certificate before we write it and, when needed, add the disclaimer word for word.
4. No "the best doctors"
The rule bars giving the impression that a physician has qualities or skills superior to other physicians; only a simple list of professional achievements recognized by the Board is allowed (64B8-11.001(2)(h)).
How we handle it: we write with facts: training, years in practice and services, without comparisons.
5. Free or discounted offers, and prices
Any ad for a free or discounted service, exam or treatment carries, in capital letters and clearly distinguishable, the §456.062 notice: "THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT." (§456.062, F.S.). And an ad can't say a service will be performed for a set price if it won't be, or mention fees without disclosing everything that can change them (64B8-11.001(2)(g)).
How we handle it: we add the notice to every promotion, including on Meta and Google, and publish prices only with their terms.
6. Patient testimonials and HIPAA
Under HIPAA, a covered entity needs the patient's authorization to use or disclose their protected health information for marketing, except in a face-to-face communication or for a promotional gift of nominal value; and if a third party pays for that marketing, the authorization says so (45 CFR 164.508(a)(3)).
How we handle it: before we publish a patient's testimonial or photo, we ask the clinic to confirm it has that authorization.
7. Ad copies and referral services
A physician who advertises in electronic media keeps an exact copy of the audio or video for at least 6 months from when it aired (64B8-11.001(4)). And ads run through a referral service carry four specific disclosures, including that it's a referral service and that it only refers to physicians who paid or were selected (64B8-11.001(6)).
The rules at a glance
| Topic | What it requires | Citation |
|---|---|---|
| Content | No false facts, half-truths or unjustified expectations | §458.331(1)(d), F.S.; 64B8-11.001(2)(a)–(e), F.A.C. |
| Identification | Physician's name, conspicuous, and M.D., P.A. or A.A. | 64B8-11.001(2)(i) and (7), F.A.C.; §456.072(1)(t), F.S. |
| Certification | Name the board; if not approved, the exact disclaimer | §458.3312, F.S.; 64B8-11.001(2)(f), (j), (k), F.A.C. |
| Comparisons | Nothing that presents the physician as superior to others | 64B8-11.001(2)(h), F.A.C. |
| Free or discounted | The 72-hour notice, in capitals | §456.062, F.S. |
| Prices | Disclose everything that can change the fee | 64B8-11.001(2)(g), F.A.C. |
| Testimonials | Patient authorization to use their health information in marketing | 45 CFR 164.508(a)(3) |
| Copies | Audio or video kept at least 6 months | 64B8-11.001(4), F.A.C. |
Where this fits in your marketing
At Brito Marketing these rules go into every campaign from the first draft, in English and Spanish. That's how we approach marketing for medical clinics in Florida. If you already know what you need, create your marketing plan on our website.
Sources
§458.331, F.S. · §458.3312, F.S. · §456.062, F.S. · §456.072, F.S. · 64B8-11.001, F.A.C. · 45 CFR 164.508. All checked on October 17, 2026.
This isn't legal advice; review your ads with your attorney or with the Florida Board of Medicine.
Twenty years building brands in New York, Las Vegas and Miami, where he's based today. He leads a Miami team that shoots commercials on cinema cameras and runs proprietary AI infrastructure. He believes great marketing starts with truly understanding the customer — and that honesty, often frowned upon in this industry, is what separates partners from vendors.
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