How to market in a highly-regulated industry
In certain industries — health care, financial services, legal — licensing boards, privacy laws, and professional ethics dictate how professionals can market their services. This often includes a ban on specific words or phrases in advertising, how these professionals can communicate with clients, and even how they can respond to online reviews.
In this post, I’m going to discuss marketing for physicians because this is the area that I’m most familiar with. But, much of this information applies to other types of highly-regulated professional services.
Until 1982, physicians in the U.S. were banned from advertising their practices, beyond listing their name, specialty, and contact information. This ban was lifted when the U.S. Supreme Court granted physicians the right to advertise, settling a legal battle between the American Medical Association (who initiated the ban) and the Federal Trade Commission.
Today, physicians are free to advertise, but medical licensing boards and federal regulations dictate how they can market their practices, whether it’s through social media, online advertising, email campaigns, or an ad in the neighborhood weekly. Here are a few examples.
- Physician advertising is deemed “deceptive” or “misleading” if it makes claims of “professional superiority” that cannot be objectively verified. In other words, a physician cannot say they’re the “best pediatrician in town,” but rather “one of the best pediatricians in town.”
- Patient testimonials must “reflect the overall experience of patients.” For example, a practice cannot post a testimonial that says, “I never have a problem getting an appointment when I need one,” if this is not the experience of most patients.
- In most states it’s illegal for physicians to offer patients a “refer a friend” bonus.
- Federal privacy laws prohibit physicians from responding to online patient reviews because doing so would violate the patient’s privacy rights.
- Physicians must also be careful not to misrepresent their professional credentials. Specific criteria exist for use of the term “board certified.” Terms such as “board eligible” or “board qualified” are prohibited.
At my company, when we coach our physician clients on advertising, we tell them to first know the rules, and know that the rules apply across all media, including social media.
We also tell them to focus promotions on the objective benefits of their practice, such as online appointment scheduling, after-hours clinics, or free parking.
We also advise not to make any guarantees or use language that could cause them to be held to a higher standard of care, such as “We can completely cure your allergies” or “Trust our surgeons to make you look younger and more beautiful.”
And when it comes to online reviews, our advice is to avoid a direct public reply. Instead, reply with something general that moves the discussion offline. “At our medical practice, we strive to provide the highest levels of patient satisfaction. However, we cannot discuss specific situations due to patient privacy regulations. If you are a patient and have questions or concerns, please contact us directly at [phone number]”
What experiences do you have marketing in these industries?
