Arizona adds 4 state rules for clinics and medical practices

These are the Arizona rules whose wording is about licensed practitioners, boards and clinics. They run when Arizona is selected in the checker.

1. CG-AZS-001 · Warns · Citation checked against stored text

   Arizona makes it unprofessional conduct for physicians to say an incurable disease can be permanently cured, or that any ailment can be cured by a secret method, and for osteopathic physicians to say a curable ailment can be cured within a stated time when that is not true. Arizona dentists may not offer to cure a condition by a secret means.

   Source: A.R.S. 32-1401(27)(n) ("Representing that a manifestly incurable disease or infirmity can be permanently cured"); A.R.S. 32-1854(11) ("a curable disease, injury, ailment or infirmity can be cured within a stated time")

   Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a permanent cure or a cure time.

   A.R.S. 32-1401, A.R.S. 32-1854 · Needs counsel review

2. CG-AZS-003 · Warns · Citation checked against stored text

   Arizona makes it unprofessional conduct for a physician to divide a professional fee for patient referrals among providers or institutions, and for a dentist to offer, provide or receive consideration for patient referrals among dental providers. Chiropractors may not give or receive rebates.

   Source: A.R.S. 32-1401(27)(v) ("dividing a professional fee for patient referrals among health care providers or health care institutions"); A.R.S. 32-1201.01 ("offering, providing or receiving any consideration for patient referrals among or between dental care providers")

   Safer wording: Remove fee-sharing or referral-payment offers from recruiting and partnership copy and have counsel review the arrangement.

   A.R.S. 32-1401, A.R.S. 32-1201.01 · Needs counsel review

3. CG-AZS-004 · Warns · Citation checked against stored text

   Arizona makes it a ground for discipline for a chiropractor to advertise chiropractic services, tests or x-ray examinations as free without also disclosing what services or items are included.

   Source: A.R.S. 32-924(A)(25) ("as free without also disclosing what services or items are included in the advertised service or item")

   Safer wording: If the offer is real, state exactly what the free service includes and what costs extra, in the same ad.

   A.R.S. 32-924 · Needs counsel review

4. CG-AZS-005 · Warns · Citation checked against stored text

   Arizona makes it a ground for discipline for a chiropractor to advertise services, tests or x-ray examinations for a specified price without also specifying the services, procedures or items included in that price.

   Source: A.R.S. 32-924(A)(24) ("for a specified price without also specifying the services, procedures or items included in the advertised price")

   Safer wording: List what the price includes (for example exam, x-rays, one adjustment) and what is billed separately.

   A.R.S. 32-924 · Needs counsel review

Sample wording we wrote, run through the engine with Arizona selected. Only samples where a Arizona rule fires are shown.

109 federal and general rules matched to clinics and medical practices run next to the Arizona ones. The ones that weigh most:

1. 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

2. 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

3. 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

4. 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 Arizona rules for any industry are on the Arizona page.