Clinics and medical practices / Georgia
Georgia adds 7 state rules for clinics and medical practices
Georgia adds 7 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 7 warn. The rules cite O.C.G.A. 43-34-8, O.C.G.A. 43-1B-4 and Ga. Comp. R. & Regs. 360-3. Of the 44 states with a page for this industry, it has the 5th most rules.
What Georgia adds
These are the Georgia rules whose wording is about licensed practitioners, boards and clinics. They run when Georgia is selected in the checker.
CG-GAS-001 · Warns · Citation checked against stored text
Georgia lets the Composite Medical Board discipline a licensee who takes a fee on the representation that a manifestly incurable disease can be permanently cured. Promising a permanent cure invites that finding.
Source: O.C.G.A. 43-34-8(a)(6) ("obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured")
Safer wording: Describe what the treatment may do and for whom, with a source. Do not promise a permanent cure.
O.C.G.A. 43-34-8 · Needs counsel review
CG-GAS-002 · Warns · Citation checked against stored text
Georgia lets the Board discipline a licensee for untruthful or improbable statements, or flamboyant or extravagant claims about professional excellence or treatment protocols.
Source: O.C.G.A. 43-34-8(a)(6) ("untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence or treatment protocols")
Safer wording: Stick to credentials, training and experience you can document. Cut superlatives and miracle language.
O.C.G.A. 43-34-8 · Needs counsel review
CG-GAS-003 · Warns · Citation checked against stored text
Georgia lets the Board discipline a licensee who divides fees for bringing or referring a patient, and the Patient Self-Referral Act imposes civil penalties for dividing fees solely for referring a patient.
Source: O.C.G.A. 43-34-8(a)(9) ("divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient"); see also O.C.G.A. 43-1B-4(7)
Safer wording: Remove payments or fee-sharing tied to patient referrals from recruiting and partnership copy. Counsel should review the arrangement.
O.C.G.A. 43-34-8, O.C.G.A. 43-1B-4 · Needs counsel review
CG-GAS-004 · Warns · Citation checked against stored text
Georgia bars a health care provider from referring a patient for designated health services to an entity in which the provider has an investment interest, including compensation tied to referrals.
Source: O.C.G.A. 43-1B-4(1) ("A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment interest")
Safer wording: Remove offers that link ownership, profit sharing or investment returns to patient referrals. Counsel must review any such arrangement.
O.C.G.A. 43-1B-4 · Needs counsel review
CG-GAS-005 · Warns · Citation checked against stored text
Georgia treats it as a deceptive or misleading practice for a licensed health care provider to advertise, as an inducement to attract patients, the waiver of an insurance deductible or copayment.
Source: O.C.G.A. 43-1-19.1(a) ("to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan")
Safer wording: Do not advertise copay or deductible waivers. Say which insurance plans you accept and what they cover.
O.C.G.A. 43-1-19.1 · Needs counsel review
CG-GAS-006 · Warns · Citation checked against stored text
Georgia makes it an unfair or deceptive practice to market a card that is not insurance and offers health care discounts when it lacks a prominent notice in boldface type that the discounts are not insurance.
Source: O.C.G.A. 10-1-393(b)(32) ("does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance")
Safer wording: State plainly that the card is not insurance, and make sure each discount is backed by a contract with the provider.
O.C.G.A. 10-1-393 · Needs counsel review
CG-GAS-007 · Warns · Citation checked against stored text
Georgia rules treat prescribing controlled substances or dangerous drugs based solely on an electronic consultation, or treating by electronic means without a history and physical by a Georgia licensee, as unprofessional conduct.
Source: Ga. Comp. R. & Regs. 360-3-.02(6) ("Providing treatment via electronic or other means unless a history and physical examination of the patient has been performed by a Georgia licensee")
Safer wording: Say that care starts with a real evaluation by a Georgia-licensed clinician and that prescribing is the clinician''s decision.
Ga. Comp. R. & Regs. 360-3 · Needs counsel review
What the checker flags with Georgia selected
None of our sample wording triggers a Georgia rule, so no example is shown. The rules above are still part of the set.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Georgia 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 Georgia rules for any industry are on the Georgia page.
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Check your Georgia clinic copy
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