California adds 9 state rules for clinics and medical practices

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

1. CG-CAL-002 · Warns · Citation checked against stored text

   California requires price ads that compare costs to rest on verifiable data, and the advertiser must be ready to show it. Open-ended price comparisons with no data behind them are the risk. This applies to licensees and the rule can't tell if data exists, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(c) (words of comparison in a price ad must be based on verifiable data)

   Safer wording: Drop the comparison or name what you compared, to whom, and when. Keep the backup data on file.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

2. CG-CAL-005 · Warns · Citation checked against stored text

   California treats a claim of professional superiority, or of doing a service in a superior way, as misleading unless the claim is relevant to the service and can be backed with objective scientific evidence. This applies to licensees and the evidence can't be checked here, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(b)(6) (superiority claims need relevance and objective scientific evidence)

   Safer wording: Replace rankings with facts you can document, such as training, years in practice, or procedure volume. If you keep a superiority claim, keep the scientific evidence on file.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

3. CG-CAL-006 · Warns · Citation checked against stored text

   California treats a scientific claim as misleading if reliable, peer reviewed, published studies cannot back it. Proven and studies show wording invites that test. This applies to licensees and the rule can't see the studies, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(b)(7) (scientific claims must be substantiated by reliable, peer reviewed, published studies)

   Safer wording: Cite the specific peer reviewed study and say what it measured. Remove proven wording if the evidence is thin.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

4. CG-CAL-007 · Warns · Citation checked against stored text

   California limits when a physician may say board certified. The certifying board must meet set criteria, and the full name of the board must appear with comparable prominence. No board name appears in this copy. The rule applies to Medical Board licensees and can't tell who is advertising, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(h)(5)(C) (physicians may not say board certified unless the full name of the certifying board is also given)

   Safer wording: Name the full certifying board next to the words board certified, for example the American Board of Dermatology. If the board does not qualify, say the physician limits practice to a field instead.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

5. CG-CAL-008 · Warns · Citation checked against stored text

   California makes it unlawful for a licensee to offer or accept a rebate, commission, discount or other consideration as payment or inducement for referring patients. Rewards for patient referrals in an ad point to that. The law has exceptions and applies to licensees, so this is a warning.

   Source: Cal. Bus. & Prof. Code 650(a) (offering consideration as inducement for referring patients is unlawful)

   Safer wording: Remove cash, credit, discount or gift rewards tied to referring patients. A plain tell-a-friend line with no benefit is lower risk. Counsel should review any referral program.

   Cal. Bus. & Prof. Code 650 · Needs counsel review

6. CG-CAL-009 · Warns · Citation checked against stored text

   California treats the employment of runners, cappers, steerers or other persons to procure patients as unprofessional conduct, except as allowed by law. Copy that advertises paid patient recruiters points to that. It applies to licensees, so this is a warning.

   Source: Cal. Bus. & Prof. Code 2273(a) (employing runners, cappers, steerers or others to procure patients is unprofessional conduct)

   Safer wording: Remove references to paid patient recruiters or runners. Advertise the practice directly and have counsel review any third-party marketing arrangement.

   Cal. Bus. & Prof. Code 2273 · Needs counsel review

7. CG-CAL-010 · Warns · Citation checked against stored text

   California lets a licensee pay a third-party advertiser to sell services only if certain terms are met. The ad must say a consultation is required and that the buyer gets a refund if ineligible. No refund notice appears in this copy. The rule applies to licensees and some basic services are excluded, so this is a warning.

   Source: Cal. Bus. & Prof. Code 650(g) (ads sold through a third-party advertiser must disclose a required consultation and a refund if ineligible)

   Safer wording: If a licensee sells services through a deal site, state in the ad that a consultation is required and that the buyer gets a refund if ineligible. Counsel should confirm the agreement terms.

   Cal. Bus. & Prof. Code 650 · Needs counsel review

8. CG-CAL-011 · Warns · Citation checked against stored text

   California bars a provider of health care from disclosing medical information about a patient without authorization. A public reply to an online review that confirms the reviewer was a patient and names their care can disclose it. The statute has exceptions, so this is a warning.

   Source: Cal. Civ. Code 56.10(a) (a provider may not disclose patient medical information without authorization)

   Safer wording: Reply without confirming the person is a patient or naming any treatment. Invite them to call the office, and keep details out of public replies unless you hold a signed authorization.

   Cal. Civ. Code 56.10 · Needs counsel review

9. CG-CAL-012 · Warns · Citation checked against stored text

   California bars a provider of health care from selling, sharing or using medical information for marketing without the patient's express authorization, unless the use is needed to provide care. Businesses running health apps can be treated as providers too. Copy that says patient records drive offers, or are sold to marketers, points to that. This is a warning because exceptions exist.

   Source: Cal. Civ. Code 56.10(d) (no use of medical information for marketing without express authorization), and Cal. Civ. Code 56.06 (health app and digital service businesses are treated as providers)

   Safer wording: Do not tell patients their records or health data are used to target offers, and do not describe selling or sharing patient data with marketers. Use medical information for marketing only with a signed authorization that meets the statute.

   Cal. Civ. Code 56.10, Cal. Civ. Code 56.06 · Needs counsel review

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

109 federal and general rules matched to clinics and medical practices run next to the California 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 California rules for any industry are on the California page.