Psychiatric practice marketing: ads and privacy

People looking for a psychiatrist often have already waited too long. They may have tried therapy, seen a primary care doctor, or been told a specialist could help, and then found long waitlists everywhere. When they find a practice that can see them, they want to know three things quickly: whether you take their insurance, how soon they can be seen, and whether the visit can happen by video.

Psychiatric practices that prescribe face rules a therapy practice does not: federal law on prescribing controlled substances by telemedicine, ad platform rules for prescription services, and the privacy rules that come with mental health and substance use care. This guide covers how those rules shape marketing for a prescriber-led practice. Our guide to therapist private practice marketing covers counseling and psychotherapy practices. Neither guide covers which treatment is right for which patient, which is a clinical decision. Practices that invite patients to be screened for anxiety should read anxiety screening outreach.

This is general information, not legal or medical advice. Sources cited were checked on October 29, 2026: 21 U.S.C. 829(e) (the in-person medical evaluation requirement for controlled substances prescribed over the internet), the DEA and HHS Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (Federal Register, December 31, 2025, through December 31, 2026), the Google Ads Healthcare and medicines, Prescription drug services, Addiction services and Personalized advertising policies, the FTC Health Products Compliance Guidance, 16 CFR 255.2, 16 CFR Part 465, 45 CFR 164.508, 42 CFR 2.12, the FTC’s 2023 BetterHelp action and SAMHSA’s 988 page. The DEA date will change after the end of 2026, and we will update this page. States license prescribers and regulate telehealth and advertising in their own ways. Have a health care attorney review your marketing.

Telehealth prescribing: what you can and cannot promise

Federal law sets a default for controlled substances prescribed over the internet. 21 U.S.C. 829(e) says no controlled substance that is a prescription drug may be delivered, distributed or dispensed by means of the internet without a valid prescription, and defines a valid prescription as one issued for a legitimate medical purpose in the usual course of professional practice by a practitioner who has conducted at least one in-person medical evaluation of the patient, or by a covering practitioner. An in-person medical evaluation means one conducted with the patient in the physical presence of the practitioner.

Since 2020, DEA and HHS have temporarily relaxed that requirement. Their fourth extension, published in the Federal Register on December 31, 2025, continues the telemedicine flexibilities for prescribing controlled medications through December 31, 2026. What happens after that date depends on further federal action, so any telehealth page that relies on the flexibilities needs a review before then.

For marketing, that leads to a few clear rules:

Never promise a prescription, a specific medication or a same-day prescription in an ad or on a landing page. The prescriber decides after an evaluation.
Do not name prescription drugs in ads or headlines. Describe the service, such as psychiatric evaluation and medication management, not the product.
If telehealth visits rely on the federal flexibilities, say on the telehealth page that rules may change after December 31, 2026, and that some patients may need an in-person visit.
Say which states your prescribers are licensed in, and see patients only where they are licensed.

Our guide to telehealth marketing for practices covers licensing across state lines and the Medicare side of telehealth.

Google Ads: certification and audience limits

Google’s Prescription drug services policy says Google restricts the promotion of services related to the online prescribing, dispensing and sale of prescription drugs, and names telemedicine providers among the businesses it covers. Advertisers must be certified by Google to serve ads for prescription drug services, and requirements vary by location. Google’s Healthcare and medicines policy separately restricts prescription drug terms in ads, keywords and landing pages.

If your practice treats substance use disorders, Google’s Addiction services policy also applies, with its own certification. Our guide to addiction treatment marketing covers that policy.

Health is one of the sensitive interest categories in Google’s personalized advertising policy. Google says advertisers promoting products and services in sensitive interest categories are unable to use advertiser-curated audiences, which means campaigns cannot rely on lists of past visitors or patients. Search campaigns built around the services you provide, the areas you serve and the questions people ask are the usual starting point. Our Google Ads page explains how we plan campaigns around these restrictions.

Claims about care

The FTC Health Products Compliance Guidance says claims about the health benefits of health-related products and services require competent and reliable scientific evidence, and that advertisers are responsible for implied claims as well as express ones. In psychiatry, implied claims often come from words like cure, breakthrough or life-changing, from symptom-free promises, and from timelines such as feel better in two weeks.

Describe what the practice does: evaluations, diagnosis, treatment planning, medication management, coordination with therapists and primary care, and follow-up.
Avoid outcome promises and response timelines.
Be clear about what you do not offer, such as emergency care, inpatient care or certain evaluations, so people are not misled into waiting for care you cannot give.
State credentials accurately: who prescribes, their license type and board certification if any, worded to meet your state’s rules.

A practice that also offers device-based treatment has an extra layer: each device carries the indications FDA listed for it. Our guide to TMS clinic marketing covers indications, the words to use for regulatory status and safety copy.

A primary care or specialty practice that works with a psychiatric consultant under Medicare’s collaborative care model has a different set of outreach questions, from consent to cost sharing. Our guide to behavioral health integration and collaborative care outreach covers them.

Reviews and patient stories

Under 16 CFR 255.2(b), an ad that relates one patient’s experience on a key point is likely to be read as showing what patients will generally experience, and without substantiation that it is representative, the ad should clearly disclose the generally expected results. Mental health stories are also deeply personal, and a patient who agrees to share one today may regret it later.

The FTC rule on consumer reviews and testimonials, 16 CFR Part 465, prohibits fake reviews, and section 465.4 prohibits compensation or other incentives conditioned on reviews expressing a particular sentiment. Ask for honest feedback without incentives tied to positive reviews, and never confirm in a reply that the reviewer is a patient. Our guide to replying to patient reviews has wording that stays general.

Privacy: HIPAA, Part 2 and tracking

Using a patient’s protected health information for marketing generally requires a written authorization under 45 CFR 164.508. That covers names, photos, stories and quotes from patients.

If your practice is, or includes, a federally assisted program that provides substance use disorder treatment, 42 CFR Part 2 may also apply. 42 CFR 2.12 sets out which programs and records are covered. Have counsel confirm whether Part 2 applies before you build forms, intake flows or marketing tools that touch substance use information.

Tracking deserves particular care. In 2023 the FTC announced an order banning the online counseling service BetterHelp from sharing consumers’ health data, including sensitive mental health information, for advertising, after alleging it had shared such data with platforms including Facebook. Review which tags and pixels load on appointment, intake and condition pages. Our guide to HIPAA and website contact forms covers what to collect in a first contact form.

Put 988 on every page

Some people who reach a psychiatric practice’s website are in crisis. People can call, text or chat 988, the Suicide and Crisis Lifeline, which SAMHSA describes as offering 24/7 support for mental health and substance use. A short line in the header or footer that says your practice does not provide emergency services, and gives 988 and 911, helps the people who need it most and sets honest expectations for everyone else. The same line belongs in after-hours voicemail and in any automated phone or chat reply.

What tends to work, inside the rules

Clear access information. Insurance accepted, self-pay options, current wait for a new patient evaluation, and whether visits are in person, by video or both.
A page for each service. Adult and child and adolescent psychiatry if you offer both, evaluations, medication management and any other services, each described without outcome promises.
Referral relationships. Therapists and primary care practices refer many patients. Make it easy for them with a referral form, current wait times and a promise to send updates where the patient agrees.
Fast, careful answers. Many first contacts come after hours. Staff or an AI front desk can take scheduling requests and answer general questions, and should give 988 and 911 for anyone in crisis instead of trying to help clinically.
Accurate listings. Google’s guidelines require your Business Profile to reflect the real business. See our healthcare SEO page.

Can our ads say we prescribe online?

Be careful. Google requires certification for services related to online prescribing of prescription drugs and names telemedicine providers among the businesses covered. Never promise a prescription or name a drug; describe the evaluation and follow-up instead.

Can psychiatrists still prescribe controlled medications by telehealth without an in-person visit?

Under the DEA and HHS fourth temporary extension, the telemedicine flexibilities continue through December 31, 2026. Without them, 21 U.S.C. 829(e) generally requires at least one in-person medical evaluation. Check the current rules before relying on them after that date.

Can we retarget people who visited our website?

Google says advertisers promoting products and services in sensitive interest categories, which include health, are unable to use advertiser-curated audiences. Plan campaigns around search instead.

Can we share a patient’s recovery story?

Only with a written authorization under 45 CFR 164.508, and under 16 CFR 255.2(b) the story is likely to be read as typical. Consider whether the patient may regret it later.

Do we need to mention 988 on our website?

No federal rule we cite requires it, but some visitors may be in crisis. SAMHSA describes 988 as offering 24/7 support for mental health and substance use, and a clear line with 988 and 911 helps them and sets honest expectations.

For telehealth across state lines, including the Counseling Compact and booking by patient location, see our guide to licensure compacts and multistate telehealth ads.

Sources

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Psychiatric practice marketing: telehealth prescribing, ad rules and patient privacy