# West Virginia Healthcare Marketing Compliance Rules - BOM and AG

West Virginia Board of Medicine (BOM) physician advertising rules and West Virginia Consumer Credit and Protection Act enforcement on healthcare marketing.

Canonical page: https://regencompliance.ai/state/west-virginia


## Overview

West Virginia healthcare marketing compliance operates primarily under federal rules - FDA and FTC - with the West Virginia Board of Medicine (BOM) and the West Virginia Consumer Credit and Protection Act (WVCCPA) providing state-level authority. WVCCPA permits private action with attorney fees in appropriate cases.


## West Virginia Board of Medicine (BOM)

BOM enforces W. Va. C.S.R. 11 advertising provisions covering deceptive advertising, specialty claims, supervision, and testimonial standards.


## State attorney general focus

WV AG uses WVCCPA authority. Healthcare-marketing-specific enforcement has been limited but private action under WVCCPA is a meaningful exposure.


## Focus areas

- **Federal compliance is the primary layer**: FDA and FTC rules apply uniformly. Disease-claim, substantiation, and testimonial rules are the dominant compliance frame.
- **Telehealth advertising rules**: West Virginia telehealth rules apply to providers marketing to WV residents.
- **WVCCPA private actions**: WVCCPA permits private action with attorney fees, creating exposure beyond AG enforcement.


## Patterns that draw enforcement attention

- **Disease-treatment claims for non-FDA-approved products**: Federal FDA exposure regardless of state activity.
- **Outcome guarantees on medical services**: FTC substantiation rules and BOM standards both apply.
- **Compounded GLP-1 brand-equivalence claims**: Federal FDA + WVCCPA authority.
- **Specialty misrepresentation**: BOM specialty-claim enforcement.
- **Telehealth advertising without WV-licensure clarity**: West Virginia telehealth rules apply to marketing to WV residents.


## Specialty notes

- All specialties - federal FDA/FTC rules are the primary exposure.
- Med spas - BOM supervision rules apply.
- Telehealth - cross-border marketing must meet West Virginia standards.
- Aesthetic practice - federal substantiation rules apply.
- Dental - West Virginia Board of Dentistry rules separate.


## Disclaimer

This summary reflects general patterns in West Virginia healthcare marketing enforcement; it is not legal advice. For state-specific guidance on your practice, consult a West Virginia-licensed healthcare marketing attorney.

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