STATES WITH LAWS OR REGULATIONS NAMING ABIPP
Alabama
Advertisement
Board Certification may be listed in ads; does require that physicians avoid false or misleading claims of board certification. Must be clear to state the certifying board’s name.
Alabama Pain Management Act
Title 34, Chapter 24, Article 11
The Alabama Pain Management Act was enacted to empower the Alabama Board of Medical Examiners with broad authority to regulate physicians who provide pain management services in the state. Among the provisions, the Act requires physicians providing pain management services to register with the BME and access the Alabama Prescription Drug Monitoring Program (PDMP). The Act also requires that pain management services be provided in a “practice location” that meets the Act’s standards relating to ownership and operation. Every practice location must certify that it is under the direction of a medical director who meets the Act’s training requirements, which include specialty certification in pain medicine by the ABMS, AOA, ABPM, and Board certification by the ABIPP.
Florida
Florida Board of Medicine Rule 64B8-11.001 – Advertising
Florida’s Board of Medicine formally recognizes ABIPP as a specialty board, and authorizes ABIPP Diplomates to advertise as specialists in Florida under this rule on advertising.
Georgia
Rule 360-3-.06 – Pain Management Protocol
The Georgia pain management protocol states: the Georgia Composite Medical Board “recognizes certifications in pain medicine or palliative medicine by the American Board of Medical Specialties or the American Osteopathic Association, the American Board of Pain Medicine and the American Board of Interventional Pain Physicians.”
Kentucky
201 KAR 9:250E – Registration and Oversight of Pain Management Facilities
The regulation covers the Kentucky requirements for owning pain management facilities. The regulation imposes strict requirements for physician-owners or physician owner-designees who will actively practice medicine in the facility, to include an attestation that demonstrates current ABMS or AOA subspecialty certification in either pain management or hospice and palliative medicine or through certification by the American Board of Pain Medicine or American Board of Interventional Pain Physicians.
Ohio
OAC 4731-29-01 – Standards and procedures for the operation of a pain management clinic
Ohio code includes requirements regarding ownership and operation of pain management clinics. Physician owners must demonstrate certification in pain management or hospice and palliative medicine by the ABMS, AOA BOS, ABPM, or American Board of Interventional Pain Physicians. There are significant additional requirements for physician owners who cannot demonstrate one of these Board certifications.
Tennessee
1200-34-01-.09)(d) Training Requirements for Medical Directors of Pain Clinics
Tennessee’s Department of Health adopted regulations to improve the care provided in “Pain Management Clinics.” The regulation outlines the requirements for physicians who serve as medical directors of a clinic, including board certification by the American Board of Interventional Pain Physicians.
Tennessee
Tennessee Clinical Practice Guidelines for Management of Chronic Pain
Within the Tennessee Clinical Practice Guidelines for Management of Chronic Pain, ABIPP Diplomates are recognized as Pain Medicine specialists.
Texas
Advertisement of Board Certification
The Texas Board of Medicine carefully reviewed all aspects of ABIPP’s rigorous certification process and found them to be “substantially equivalent” to those required of ABMS member boards. As reflected on the Texas Board of Medicine’s website, Texas Diplomates can now convey this well-earned certification to patients and for the purpose of advertising ABIPP credentials.
STATES WITH NO REGULATIONS FOR ADVERTISING BOARD CERTIFICATION or ALLOW ADVERTISING
Alaska
https://www.commerce.alaska.gov/web/portals/5/pub/MedicalStatutes.pdf
Statutes only mention AMA and AOA. No specific language on advertising. To advertise professional services in a false or misleading manner is grounds for disciplinary actions.
Arizona
https://www.azmd.gov/LawsRules/LawsRules#
The Arizona Medical Board doesn’t recognize individual specialty boards, does recognize ABMS. Statute defines unprofessional conduct as stating you are board certified when that isn’t true.
Arkansas
AMENDMENT PROPOSED – REGULATION NO. 2 pdf
Board Certification not a requirement for licensure. Statute defines fraud, deceit, or misrepresentation in the practice of medicine as malpractice. Avoid the misleading use of a claim regarding board certification.
Colorado
https://www.sos.state.co.us/CCR/Upload/AGORequest/AdoptedRules02014-00302.PDF
Licensee shall avoid the misleading use of a claim regarding board certification or of an unearned or non-health degree in any advertisement that is likely to cause confusion or misunderstanding as to the credentials, education, or licensure of a health care professional…
Connecticut
https://portal.ct.gov/dph
Board Certification not a requirement for licensure. Avoid the misleading use of a claim regarding board certification.
Delaware
https://regulations.delaware.gov/AdminCode/title24/1700.shtml
Board Certification not a requirement of licensure. Avoid misleading claims regarding board certification.
TITLE 24 Professions and Occupations
Fraudulent adverting is considered dishonorable or unethical conduct
Illinois
PROFESSIONS AND OCCUPATIONS PART 1285 MEDICAL PRACTICE ACT OF 1987
Does not determine what board certification may be listed in ads; does require that physicians avoid the misleading claim regarding board certification. Must be clear to state full the certifying board’s name.
Indiana
Medical Licensing Board Statutes and Rules
Does not recognize specialty boards; cannot advertise “board certified” or use any similar words or phrase calculated to convey the same unless the physician states by which board he/she is certified and the specific field or area of certification.Iowa
Iowa Board of Medicine
Physicians can advertise anything they like as long as it is not false or misleading.
Kansas
https://www.ksrevisor.org/statutes/chapters/ch65/065_028_0036.html#:~:text=65%2D2836&text=65%2D2836.,or%20any%20combination%20thereof%2C%20implied.
Physicians who advertise as “board-certified” must identify the official name of the specialty board.
Maine
Rules & Statutes
No laws or regulations against advertising ABIPP certifications. Advertising must not be false, misleading, or deceptive.
Michigan
http://dmbinternet.state.mi.us/DMB/ORRDocs/AdminCode/1313_2013-114LR_AdminCode.pdf
No regulations on advertising. Statues and Regulations only mentions ABMS but does not have regulations defining board certification. Avoid the misleading use of a claim regarding board certification by using full board name
Minnesota
CHAPTER 147. BOARD OF MEDICAL PRACTICE
No regulations on advertising. Does not have regulations defining board certification. Avoid the misleading use of a claim regarding board certification by using full board
Missouri
Missouri Board of Registration for the Healing Arts
No statutes on advertising. Does not recognize any board certifying agency. May advertise board certification. Should be clear to state the certifying board’s name.
Montana
Rule Chapter: 24.156
No statues or regulations govern recognition of specialty boards. May advertise board certification. Should be clear to state the certifying board’s name.
Nebraska
Medicine and Surgery
Statues do not prohibit advertising board certification. Should be clear to state the certifying board’s name.
Nevada
CHAPTER 630 – PHYSICIANS, PHYSICIAN ASSISTANTS, MEDICAL ASSISTANTS, PERFUSIONISTS AND PRACTITIONERS OF RESPIRATORY CARE
Statues do not prohibit advertising board certification. Should be clear to state the certifying board’s name.
New Mexico
Governing Statute & Rules
No statutes on advertisement. License by endorsement requires ABMS Board Certification however license by examination does not.
New York
Advertisement of Board Certification
Article 131-A, Definitions of Professional Misconduct Applicable to Physicians, Physician’s Assistants and Specialist’s Assistants
Rules of the Board of Regents
Regulations do not determine what board certification may be listed in ads; does require that physicians avoid the misleading use of a claim regarding board certification. Must be clear by stating the certifying board’s name.
North Carolina
Resources & Information
Physicians who advertise as “board-certified” must identify the full name of the specialty board, such as “Board certified by the American Board of Interventional Pain Physicians.”North Dakota
Laws and Regulations
No regulations on advertising. Statues and Regulations only mentions ABMS but does not have regulations defining board certification. Avoid the misleading use of a claim regarding board certification by using full board name.
Oregon
https://www.oregon.gov
If a physician advertises him/herself as being “Board Certified,” he/she must indicate the full name of the certifying board. This statement must contain the term “Not recognized” if the certifying board is not recognized by the ABMS or by the Advisory Board of the American Osteopathic Association (AOA).
Pennsylvania
DO Advertising
DO-Advertising in any medium is permitted if it is not misleading, deceptive, untrue, or fraudulent on its face or by its effect in actual practice.
MD Advertising
MD – No statues on advertisement.
Rhode Island
Licensing-Related Information
No Statues or regulations pertaining to advertising. Avoid the misleading use of a claim regarding board certification by using full board name.
South Dakota
ARTICLE 20:78 BOARD OF MEDICAL AND OSTEOPATHIC EXAMINERS
No Statues or regulations pertaining to advertising. Avoid the misleading use of a claim regarding board certification by using full board name.
Utah
Chapter 67 Utah Medical Practice Act
https://dopl.utah.gov/
No Statues or regulations pertaining to board certification or advertising. Avoid the misleading use of a claim regarding board certification by using full board name.
Vermont
Title 26: Professions and Occupations
Statutes, rules, and regulations don’t address board certification or adverting. Avoid the misleading use of a claim regarding board certification by using full board name.
Virginia
Laws and Regulations
No states or regulations pertaining to advertising board certification. Avoid the misleading use of a claim regarding board certification by using full board name.
Washington
https://www.doh.wa.gov/LicensesPermitsandCertificates/MedicalCommission/MedicalLicensing
Does not determine what board certification may be listed in ads; does require that physicians avoid the misleading claim regarding board certification. Must be clear to state full the certifying board’s name.
West Virginia
file:///C:/Users/melin/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/Series_1A_Licensing_and_Disciplinary_Procedures__Physicians_&_Podiatrists.pdf7
Does not determine what board certification may be listed in ads; does require that physicians avoid the misleading claim regarding board certification. Must be clear to state full the certifying board’s name.
Wisconsin
Does not determine what board certification may be listed in ads; does require that physicians avoid the misleading claim regarding board certification. Must be clear to state full the certifying board’s name.
California
CA Business and Professions Code, §651(h)(5)(A) & (B)
PENDING
California’s Business and Professions code prohibits physicians from advertising that they are board-certified unless they are certified by an ABMS member specialty board, a specialty board with an ACGME accredited postgraduate training program or “a specialty board with “equivalent” requirements approved by the Medical Board of California’s Licensing Program.” The Board is actively reviewing the ABIPP’s application for approval.
Louisiana
SLS 17RS-395 2017 Regular Session
PENDING
(32)(a) Holding oneself out to the public in any manner as being certified by a public or private board including but not limited to a multidisciplinary board or “board certified”, unless all of the following criteria are satisfied:
(a)(i) The full name of the board from which the physician is certified and the name of the specialty or subspecialty is included in the advertisement.
SB NO. 194 SLS 17RS-395 ORIGINAL 1 (b)(ii) The board meets any of the following qualifications: The board can be verified as existing and the physician’s standing with the board can be verified by the Louisiana State Board of Medical Examiners.
Maryland
Legislation
PENDING
§14–101. (b) Board” means the State Board of Physicians. (c) “Board certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board: (1) Is (i) A member of the American Board of Medical Specialties; (ii) An American Osteopathic Association certifying board; (iii)
The Royal College of Physicians and Surgeons of Canada; or (iv) The College of Family Physicians of Canada; or (2) Has been approved by the Board under § 14–101.1 of this subtitle;
New Jersey
Advertisement of Board Certification
Oklahoma
Oklahoma State Board of Medical Licensure and Supervision
PENDING
Applying for approval of Board Certification equivalency based on identifying criteria.
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 18 PHYSICIANS AND PHYSICIAN ASSISTANTS
Recognizes ABMS, ABIPP, and AOA boards.
STATUTES OR REGULATIONS PROHIBIT ADVERTISING ABIPP BOARD CERTIFIED
District of Columbia
District of Columbia Municipal Regulations PDF
Only recognizes ABMS and AOA. Cannot advertise “Board Certified.”
Massachusetts
http://www.dsd.state.md.us/comar/comarhtml/10/10.32.01.13.htm
Does not recognize ABIPP – Cannot Advertise Board Certifiedhttp://www.dsd.state.md.us/comar/comarhtml/10/10.32.01.02.htm
“Board-certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board is: (a) A member of ABMS; (b) An AOA certifying board; (c) The Royal College of Physicians and Surgeons of Canada; or (d) The College of Family Physicians of Canada.
New Hampshire
CHAPTER Med 100 ORGANIZATION, DEFINITIONS AND PUBLIC INFORMATION
Only recognizes ABMS and AOA.
Med 301.01 Definitions. (c) “Board certified” means a physician who is currently certified by a medical specialty board recognized by the American Board of Medical Specialties (ABMS) or by the American Osteopathic Association (AOA).
South Carolina
http://www.llr.sc.gov
“Board certified physician” means an ABMS/ABOMS board-certified or board eligible physician licensed by the state to practice medicine.