1. (a) Every physician is:

   1. (1) responsible for the form and content of any advertisement for their individual practice or group practice; and
   2. (2) deemed to have reviewed and approved any and all advertisements.
2. (b) Patients must consent prior to any use of photographs or other representations in any advertising by a physician, practice, or entity.
3. (c) A recording or copy of any advertisement shall be retained by the physician for a period of two years from the last date of communication.

Source Note:The provisions of this §164.2 adopted to be effective January 9, 2025, 50 TexReg 337.