American Board of  Interventional Pain Physicians
81 Lakeview Drive, Paducah, KY 42001

Phone: 270.554.9412 | Fax: 270.554.5394

Web: www.abipp.org | Email: summer@asipp.org
 

Legal  |  © 2016 American Board of Interventional Pain Physicians

State Advertising and Pain
Practice Rules and Regulations
STATES WITH LAWS OR REGULATIONS NAMING ABIPP
Alabama

Advertising

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.

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.

Statute 456.44  – Controlled substance prescribing law (HB 7095)

Pursuant to this law, “Board-certified pain management physician” means a physician who possesses board certification in pain medicine by the American Board of Pain Medicine, board certification by the American Board of Interventional Pain Physicians, or board certification or sub-certification in pain management by a specialty board recognized by the American Association of Physician Specialists or an osteopathic physician who holds a certificate in Pain Management by the American Osteopathic Association.”

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. Within the Tennessee Clinical Practice Guidelines for Management of Chronic Pain, ABIPP Diplomates are recognized as Pain Medicine specialists.

Texas

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

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.

https://www.commerce.alaska.gov/web/portals/5/pub/MedicalStatutes.pdf

Arizona

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.

https://www.azmd.gov/LawsRules/LawsRules#

Arkansas

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.

https://www.armedicalboard.org/Professionals/pdf/Regulation%202-8%20Proposed%202016-04-25.pdf

Colorado

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.

https://drive.google.com/file/d/0BK5DhxXxJZbWjl0cTRNUkYwTkk/view

Connecticut

Board Certification not a requirement for licensure. Avoid the misleading use of a claim regarding board certification.

 

http://www.ct.gov/dph/lib/dph/practitioner_licensing_and_investigations/plis/physician/mdlaw.pdf

Delaware

Board Certification not a requirement of licensure. Avoid misleading claims regarding board certification. Fraudulent adverting is considered dishonorable or unethical conduct.

http://regulations.delaware.gov/AdminCode/title24/1700.shtml

http://delcode.delaware.gov/title24/c017/sc03/index.shtml

Hawaii

No prohibitions on advertising board certification.

http://cca.hawaii.gov/pvl/files/2013/08/hrs_pvl_453.pdf

Illinois

Advertisement of Board Certification 

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.

http://www.ilga.gov/commission/jcar/admincode/068/06801285sections.html

Indiana

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.
https://www.in.gov/pla/3874.htm

Iowa

Physicians can advertise anything they like as long as it is not false or misleading

http://www.medicalboard.iowa.gov/images/pdf/Advertising%20rule%20for%20physicians.pdf

Kansas

Physicians who advertise as “board-certified” must identify the official name of the specialty board.

ha.org/statutes/booklets/Statute_and_Regulation_Handbook.pdf

Maine

No laws or regulations against advertising ABIPP certifications. Advertising must not be false, misleading, or deceptive.

http://www.maine.gov/md/laws-statutes/rules-statutes.html

Michigan

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.

http://dmbinternet.state.mi.us/DMB/ORRDocs/AdminCode/1313_2013-114LR_AdminCode.pdf

Minnesota

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 name.

https://www.revisor.mn.gov/statutes/?id=147

Missouri

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.

http://pr.mo.gov/healingarts-rules-statutes.asp

Montana

No statues or regulations govern recognition of specialty boards. May advertise board certification. Should be clear to state the certifying board's name.

http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=24.156

Nebraska

Statues do not prohibit advertising board certification. Should be clear to state the certifying board's name.

e.gov/publichealth/Documents/Medicine%20and%20Surgery.pdf

Nevada

No statues or regulations govern recognition of specialty boards. May advertise board certification. Should be clear to state the certifying board's name.

https://www.leg.state.nv.us/NAC/NAC-630.html#NAC630Sec190

New Mexico

No statutes on advertisement. License by endorsement requires ABMS Board Certification however license by examination does not.

http://www.nmmb.state.nm.us/governing.html

New York

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.​http://www.op.nysed.gov/prof/med/article131-a.htm

http://www.op.nysed.gov/title8/part29.htm

North Carolina

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.

https://www.ncmedboard.org/resources-information/professional-resources/laws-rules-position-statements/position-statements/advertising_and_publicity

North Dakota

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. 

https://www.ndbom.org/about/laws_regulations.asp

Oregon

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).

http://www.oregon.gov/omb/licensing/Documents/mddodpm/mddo-physician-handbook.pdf

Pennsylvania

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 - No statues on advertisement.

DO Advertising
https://www.pacode.com/secure/data/049/chapter25/chap25toc.html 

MD Advertising
https://www.pacode.com/secure/data/049/chapter16/chap16toc.html

Rhode Island

No Statues or regulations pertaining to advertising. Avoid the misleading use of a claim regarding board certification by using full board name.

http://www.health.ri.gov/licenses/detail.php?id=200

South Dakota

No Statues or regulations pertaining to advertising. Avoid the misleading use of a claim regarding board certification by using full board name.

http://sdlegislature.gov/Rules/DisplayRule.aspx?Rule=20:78

Utah

No Statues or regulations pertaining to advertising. Avoid the misleading use of a claim regarding board certification by using full board name.

https://le.utah.gov/xcode/Title58/Chapter67/C5867_1800010118000101.pdf

https://dopl.utah.gov/licensing/physician_surgeon.html

Vermont

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.

http://legislature.vermont.gov/statutes/chapter/26/023

Virginia

No states or regulations pertaining to advertising board certification. Avoid the misleading use of a claim regarding board certification by using full board name.

https://www.dhp.virginia.gov/medicine/medicine_laws_regs.htm

Washington

No states or regulations pertaining to advertising board certification. Avoid the misleading use of a claim regarding board certification by using full boardname.

https://www.doh.wa.gov/LicensesPermitsandCertificates/MedicalCommission/MedicalLicensing

West Virginia

There are no prohibitions on advertising board certification. Diplomates must declare full name of certifying body. "Board Certified by the American Board of Interventional Pain Physicians".

file:///C:/Users/melin/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/Series_1A_Licensing_and_Disciplinary_Procedures__Physicians_&_Podiatrists.pdf

Wisconsin

May advertise but must use the complete statement "Board certified by the American Board of Interventional Pain Physicians" per board attorney.

http://dsps.wi.gov/Boards-Councils/Administrative-Rules-and-Statutes/Medicine-Administrative-Rules-and-Statutes/

PENDING
Lousiana

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.

http://www.legis.la.gov/legis/ViewDocument.aspx?d=1031335

Maryland

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;

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gho&section=14-101&ext=html&session=2018RS&tab=subject5

New Jersey

PENDING

See 13:35-6.10 Sections c and m 

Any licensee advertising board certification in a specialty shall possess current certification by a specialty board or certifying entity. Specialty boards recognized by the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), and/or the American Podiatric Medicine Association (APMA) shall be approved by the Board and included in a list.

http://www.lexisnexis.com/hottopics/njcode/

Oklahoma

PENDING

Applying for approval of Board Certification equivalency based on identifying criteria.

http://www.okmedicalboard.org/download/660/Board_Certification_Equivalency_Criteria_Policy_312.pdf

STATUTES OR REGULATIONS PROHIBIT ADVERTISING ABIPP BOARD CERTIFIED
Massachusetts

Does not recognize ABIPP -  Cannot Advertise Board Certified

“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.

http://www.dsd.state.md.us/comar/comarhtml/10/10.32.01.13.htm

New Hampshire

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).

http://www.gencourt.state.nh.us/rules/state_agencies/med100-600.html

South Carolina

"Board certified physician" means an ABMS/ABOMS board-certified or board eligible physician licensed by the state to practice medicine.

http://www.llr.sc.gov/POL/medical/index.aspfile=Policies/LasersOtherDevices.htm

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.”