Clinics and medical practices / Hawaii
Hawaii adds 3 state rules for clinics and medical practices
Hawaii adds 3 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 3 warn. The rules cite HRS 453-8 and HRS 453-8(a). Of the 44 states with a page for this industry, it has the 37th most rules.
What Hawaii adds
These are the Hawaii rules whose wording is about licensed practitioners, boards and clinics. They run when Hawaii is selected in the checker.
CG-HIS-001 · Warns · Citation checked against stored text
Hawaii lets the medical board discipline a physician for false, fraudulent or deceptive advertising, and names assuring a permanent cure for an incurable disease as an example.
Source: HRS 453-8(a)(3)(B) ("Assuring a permanent cure for an incurable disease")
Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure.
HRS 453-8, HRS 453-8(a) · Needs counsel review
CG-HIS-002 · Warns · Citation checked against stored text
Hawaii treats excessive claims of expertise in medical specialty fields as false, fraudulent or deceptive advertising by a physician.
Source: HRS 453-8(a)(3)(A) ("Making excessive claims of expertise in one or more medical specialty fields")
Safer wording: State training, board certification and years of experience that can be checked. Avoid best-in-the-state or all-specialty claims.
HRS 453-8, HRS 453-8(a) · Needs counsel review
CG-HIS-003 · Warns · Citation checked against stored text
Hawaii lets the medical board discipline a physician who employs any person to solicit patients for himself or herself.
Source: HRS 453-8(a)(2) ("Employing any person to solicit patients for")
Safer wording: Do not recruit or pay people to bring in patients for a physician. Counsel should review any outreach role.
HRS 453-8, HRS 453-8(a) · Needs counsel review
What the checker flags with Hawaii selected
None of our sample wording triggers a Hawaii 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 Hawaii 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 Hawaii rules for any industry are on the Hawaii page.
Next step
Check your Hawaii clinic copy
Select Hawaii in the checker and every flag cites the rule and source listed above.