Colorado adds 3 state rules for clinics and medical practices

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

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

   Colorado treats unethical advertising by a chiropractor as grounds for discipline, and defines it to include advertising that holds out or promises cures or guarantees results.

   Source: C.R.S. 12-215-115(5)(b) ("Holds out or promises cures or guarantees results")

   Safer wording: Describe the care offered and what patients have typically experienced, with a source, and say results vary. Do not promise a cure or a result.

   C.R.S. 12-215-115 · Needs counsel review

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

   Colorado makes a false representation about the characteristics, uses or benefits of services a deceptive trade practice, and treats advertising by a physician in a manner that is misleading, deceptive, or false as unprofessional conduct. Absolute outcome and safety promises are the classic false representation.

   Source: C.R.S. 6-1-105(1)(e) ("makes a false representation as to the characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property"); C.R.S. 12-240-121(1)(z) ("Advertising in a manner that is misleading, deceptive, or false")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or a lack of side effects.

   C.R.S. 12-240-121, C.R.S. 6-1-105 · Needs counsel review

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

   Colorado makes it grounds for discipline for a chiropractor to offer, give or receive commissions, rebates or other remuneration for referring clients. Paying an independent marketing agent for advertising services and giving an incidental thank-you gift to a patient are carved out.

   Source: C.R.S. 12-215-115(1)(r) ("Offering, giving, or receiving commissions, rebates, or other forms of remuneration for the referral of clients")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Pay marketing vendors for advertising services, not per patient, and have counsel review any referral reward.

   C.R.S. 12-215-115 · Needs counsel review

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

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