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Board addresses physician advertising of board certification

The Board has made significant advances in establishing guidelines for physician advertising of board certification. At its September meeting, the Board formally adopted the Report of its Task Force on Physician Advertising Standards. The report proposes a three step approach to providing guidance to physicians who wish to advertise board certification to the public while equipping patients with accurate information to use when vetting a physician’s credentials. The Board has not determined a timeline for completion of the Task Force Report’s recommendations.

In adopting the Task Force Report, the Board emphasized that its recommendations apply exclusively to the narrowly defined issue of advertising board certifications to the public. Board statements and guidelines should not be construed as a referendum on the legitimacy of certain certifying organizations. Proposed guidelines for advertising to the public are not intended for use by organizations when making credentialing decisions nor should they be relied upon by health care payors when setting physician reimbursement rates.

The Board initially approved proposed rule 21 NCAC 32Y .0101 “Advertising of Specialty and Board Certification” in September 2009. The proposed rule generated a substantial number of responses during the public comment period, prompting the Board to convene a Task Force of physician experts on the issue, chaired by Board Member William Walker, MD. Task Force participants heard testimony and engaged in debate with representatives of various certifying organizations during an evening session, followed by a round table discussion.

The Task Force Report proposes adopting a modified version of the original proposed rule. The current draft would clarify that physicians may advertise board certification by boards recognized by the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA) and the Royal College of Physicians and Surgeons of Canada (RCPSC). In addition, physicians could advertise certification by boards meeting criteria established in the rule, so long as the physician maintains documentation substantiating that the criteria have been met. Physicians who are board certified in an area other than the specialty or sub-specialty in which they completed residency or fellowship training must make that explicit in their ads.

The Task Force Report further recommends that the Board adopt a more comprehensive Position Statement on advertising to help physicians interpret the Board’s proposed rule. Finally, the Report recommends that the Board develop patient resource materials on its website to foster greater understanding of the significance of board certification.

Please check the Board’s website for additional opportunities to comment on Proposed Rule 21 NCAC 32Y .0101 and the related Position Statement.