Physicians Practice September 8, 2025
Recent updates to Texas Medical Board Rule 164.1 and longstanding First Amendment protections highlight the balance between privacy laws, truthful speech and physicians’ right to share educational content online.
This week, I handled a case on behalf of a physician accused of violating certain medical board rules pertaining to social media posts. The posts showed photographs during surgery, without identifying the patient.
The doctor had obtained patient consent to post photos for educational and training purposes, but not necessarily advertising. Part of the issue, is whether HIPAA or state privacy rights apply, when the patient cannot be identified ( I argued it does not) and whether this post counts as “advertising.”
Under Texas Medical Board Rule 164.1(which are new rules...
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