According to TMB rule 164.5(c) “Advertising or promotion of products from which the physician receives direct remuneration or incentives is prohibited.”
It’s clear what TMB means but it’s unclear where the line is drawn. If you go to an OBGYN for contraceptives they might recommend an IUD or oral medications, would the physician be disobeying this rule to recommend a specific IUD knowing that the patient will pay for it and in return getting a profit from it? What about a dermatologist office recommending Botox for crows feet? Or is the board referring to a third party payment from a company that is linked on the physician’s website or mentioned in a tv commercial?
Regardless, the board won’t allow any promotion of products that the physician receives “direct remuneration” from. I suspect we’ll hear much more on this in the coming months, so stay tuned.