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Clinics and medical practices / Florida

Florida adds 5 state rules for clinics and medical practices

Florida adds 5 rules to the 109 federal ones the checker already matches to clinics and medical practices. 2 block approval and 3 warn. The rules cite Fla. Stat. 456.054, Fla. Stat. 456.062 and Fla. Stat. 817.505. Of the 44 states with a page for this industry, it has the 8th most rules.

What Florida adds

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

  1. CG-FLA-001 · Blocks approval · Citation checked against stored text

    Florida requires a specific capital-letter notice about the patient right to refuse or cancel payment for follow-on care in any ad from a licensed practitioner that offers a free exam, service or treatment. No such notice appears in this copy.

    Source: Fla. Stat. 456.062 (ads for free, discounted or reduced fee services by licensed health care practitioners must carry a stated notice)

    Safer wording: If a Florida-licensed practitioner is running this ad, add the notice the statute prescribes in clearly distinguishable capital letters, or drop the free offer. Have counsel confirm the exact wording and whether your practitioner type is covered.

    Fla. Stat. 456.062 · Needs counsel review

  2. CG-FLA-004 · Blocks approval · Citation checked against stored text

    Florida makes it unlawful to pay or receive a commission, bonus, rebate, kickback or split fee for referring patients to a health care provider or facility.

    Source: Fla. Stat. 817.505 (patient brokering), and Fla. Stat. 456.054 (kickbacks prohibited)

    Safer wording: Do not advertise payments per patient or lead sent to a provider. Pay marketing vendors a flat fee set in advance for services, and get counsel to approve the arrangement.

    Fla. Stat. 456.054, Fla. Stat. 817.505 · Needs counsel review

  3. CG-FLA-002 · Warns · Citation checked against stored text

    Florida requires a specific capital-letter notice about the patient right to refuse or cancel payment for follow-on care in any ad from a licensed practitioner that offers a discounted or reduced fee exam, service or treatment. No such notice appears in this copy.

    Source: Fla. Stat. 456.062 (ads for free, discounted or reduced fee services by licensed health care practitioners must carry a stated notice)

    Safer wording: If a Florida-licensed practitioner is running this ad, add the prescribed notice in clearly distinguishable capital letters, or remove the price promotion. Have counsel confirm the exact wording.

    Fla. Stat. 456.062 · Needs counsel review

  4. CG-FLA-003 · Warns · Citation checked against stored text

    Florida makes it unlawful to offer or pay a benefit, bonus, rebate or similar inducement, in cash or in kind, to induce the referral of a patient to a health care provider. Rewarding patients for referring others can fall inside that. The statute has exceptions, so this is a warning.

    Source: Fla. Stat. 817.505 (patient brokering), and Fla. Stat. 456.054 (kickbacks for referring patients)

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

    Fla. Stat. 456.054, Fla. Stat. 817.505 · Needs counsel review

  5. CG-FLA-006 · Warns · Citation checked against stored text

    Florida makes false, deceptive or misleading advertising by a physician grounds for discipline. Guaranteed-result claims are a common form of misleading health advertising. The statute does not define the term, so this rule is a warning.

    Source: Fla. Stat. 458.331 (false, deceptive or misleading advertising as grounds for discipline of physicians)

    Safer wording: Remove the guarantee. Say what the treatment is, who it is for, and that individual results vary.

    Fla. Stat. 458.331 · Needs counsel review

What the checker flags with Florida selected

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

Clinic ad · actual checker output2 claims flagged

Our clinic cures back pain. 100% guaranteed results. Book this week.

  • Blocks approvalCG-DIS-001Also matches CG-DIS-016

    Saying 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 approvalCG-ABS-002Also matches CG-ABS-015, CG-FLA-006, CG-ABS-001

    A 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.

The federal rules that still apply

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

Next step

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