Clinics and medical practices / Alabama
Alabama adds 4 state rules for clinics and medical practices
Alabama adds 4 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 4 warn. The rules cite 545-X-4-.06, Ala. Admin. Code r. 545-X-4-.06 and Ala. Code 34-24-360. Of the 44 states with a page for this industry, it has the 16th most rules.
What Alabama adds
These are the Alabama rules whose wording is about licensed practitioners, boards and clinics. They run when Alabama is selected in the checker.
CG-ALS-001 · Warns · Citation checked against stored text
Alabama treats knowingly making a false, deceptive or misleading statement in an advertisement or commercial solicitation for professional services as unprofessional conduct by a physician. Guaranteed results and no-risk claims are the standard examples.
Source: Ala. Admin. Code r. 545-X-4-.06(7) ("Knowingly making a false, deceptive or misleading statement in any advertisement or commercial solicitation for professional services")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or say there is no risk.
545-X-4-.06, Ala. Admin. Code r. 545-X-4-.06 · Needs counsel review
CG-ALS-002 · Warns · Citation checked against stored text
Alabama treats representing that a manifestly incurable disease can be cured, or that any ailment can be cured by a secret method, as unprofessional conduct by a physician.
Source: Ala. Admin. Code r. 545-X-4-.06(14) ("Representing that a manifestly incurable disease or infirmity can be cured")
Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure or rely on a secret method.
545-X-4-.06, Ala. Admin. Code r. 545-X-4-.06 · Needs counsel review
CG-ALS-003 · Warns · Citation checked against stored text
Alabama lets the Medical Licensure Commission discipline a physician for untruthful, deceptive or improbable statements about the effects or results of a proposed treatment. Fast, specific results promises are the usual example.
Source: Ala. Code 34-24-360(7) ("Use of any untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of his or her proposed treatment")
Safer wording: Describe typical results with a source and a range, and say results vary. Do not promise a speed or amount of improvement.
Ala. Code 34-24-360 · Needs counsel review
CG-ALS-004 · Warns · Citation checked against stored text
Alabama lets the Medical Licensure Commission discipline a physician who divides or splits fees with a person for bringing or referring a patient.
Source: Ala. Code 34-24-360(10) ("Division of fees or agreement to split or divide the fees received for professional services with any person for bringing or referring a patient")
Safer wording: Remove payment for patient referrals and fee-sharing offers from recruiting or partnership copy, and have counsel review the arrangement.
Ala. Code 34-24-360 · Needs counsel review
What the checker flags with Alabama selected
Sample wording we wrote, run through the engine with Alabama selected. Only samples where a Alabama rule fires are shown.
Our clinic cures back pain. 100% guaranteed results. Book this week.
- Blocks approval
CG-DIS-001Also matches CG-DIS-016Saying a product or service cures a condition makes it an unapproved drug claim.
Source. FDCA 201(g)(1), 21 U.S.C. 321(g)(1) (drug definition); 21 CFR 101.93(g) (disease claims); FTC Health Products Compliance Guidance
Safer wording. Describe what the service does (for example "supports", "helps manage") and name only outcomes you can substantiate.
- Blocks approval
CG-ABS-002A 100 percent claim is an absolute claim that almost never has support.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Replace with the measured figure and its source, or remove the number.
- Warning
CG-ABS-015Also matches CG-ALS-001, CG-ABS-001A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Alabama ones. The ones that weigh most:
CG-ABS-003 · Blocks approval · Citation checked against stored text
Claims of no risk or no side effects are unsubstantiated safety claims.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; 21 CFR 202.1 (prescription drug advertising, fair balance)
Safer wording: State known risks and side effects fairly, or say who should talk to a clinician first.
21 CFR 202.1 · Needs counsel review
CG-CSR-001 · Blocks approval · Citation checked against stored text
Prescribing a controlled substance without a real evaluation, records or follow-up violates the Controlled Substances Act and DEA telemedicine rules.
Source: 21 U.S.C. 829 and 841(h); 21 CFR 1306.04 (prescription issued for a legitimate medical purpose); 21 CFR 1306.05 (manner of issuance, so a prescription must carry the patient and practitioner details); FTC Act section 5
Safer wording: Do not advertise controlled substances. A licensed clinician must decide whether to prescribe after a real evaluation.
21 CFR 1306.04, 21 U.S.C. 829, 21 CFR 1306.05 · Needs counsel review
CG-DEA-003 · Blocks approval · Citation checked against stored text
Offering to fill a prescription for a controlled substance based only on an online questionnaire is a listed example of an internet distribution violation.
Source: 21 U.S.C. 841 subsection (h) lists offering to fill a controlled substance prescription based solely on a consumer's online medical questionnaire as an example of a violation
Safer wording: Do not tie a controlled substance prescription to a questionnaire alone. Describe a live evaluation by a licensed practitioner who decides if a prescription is appropriate.
21 U.S.C. 841 · Needs counsel review
CG-EFF-014 · Blocks approval · Citation checked against stored text
Claims of instant, one-visit or universal results, or of working where all else fails, promise outcomes no clinic can substantiate.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Remove the promise of speed or certainty. Say what the service is and that results vary.
16 CFR Part 255 · Needs counsel review
Everything for the industry is on the clinics and medical practices page, and all Alabama rules for any industry are on the Alabama page.
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