Clinics and medical practices / Idaho
Idaho adds 5 state rules for clinics and medical practices
Idaho adds 5 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 5 warn. The rules cite Idaho Code 54-1814, Idaho Code 54-924 and Idaho Code 48-603. Of the 44 states with a page for this industry, it has the 9th most rules.
What Idaho adds
These are the Idaho rules whose wording is about licensed practitioners, boards and clinics. They run when Idaho is selected in the checker.
CG-IDS-001 · Warns · Citation checked against stored text
Idaho makes it a ground for discipline for a physician to willfully and intentionally represent that a manifestly incurable disease or condition can be permanently cured. A dentist may also not make false or misleading statements about skill or method, or advertise evidence of cures.
Source: Idaho Code 54-1814(16) ("can be permanently cured"); Idaho Code 54-924(4)(a) ("any fraudulent, false, or misleading statement as to his own")
Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a cure.
Idaho Code 54-1814, Idaho Code 54-924 · Needs counsel review
CG-IDS-002 · Warns · Citation checked against stored text
Idaho makes it a ground for discipline for a physician to divide or split fees or gifts for professional services with any person, institution or corporation in exchange for referral, or to give or receive rebates directly or indirectly.
Source: Idaho Code 54-1814(8) ("in exchange for referral"); Idaho Code 54-1814(9) ("Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly")
Safer wording: Remove fee-sharing or referral-payment offers from recruiting and partnership copy and have counsel review the arrangement.
Idaho Code 54-1814 · Needs counsel review
CG-IDS-003 · Warns · Citation checked against stored text
Idaho makes it a ground for discipline for a dentist to claim superiority over other dentists, and for a physician to advertise the practice of medicine in an unethical or unprofessional manner.
Source: Idaho Code 54-924(4)(c) ("Claim superiority over other dentists"); Idaho Code 54-1814(4) ("in any unethical or unprofessional manner")
Safer wording: State verifiable facts such as training, certifications and years in practice. Do not rank the practice or practitioner against others unless you can substantiate the ranking and name its source.
Idaho Code 54-1814, Idaho Code 54-924 · Needs counsel review
CG-IDS-004 · Warns · Citation checked against stored text
Idaho makes it a ground for discipline for a dentist to claim to practice dentistry without causing pain.
Source: Idaho Code 54-924(4)(b) ("Claim to practice dentistry without causing pain")
Safer wording: Describe the comfort options you offer (numbing, sedation) without promising that care is painless.
Idaho Code 54-924 · Needs counsel review
CG-IDS-005 · Warns · Citation checked against stored text
Idaho's Consumer Protection Act makes it unlawful to represent that services have benefits or characteristics they do not have, and to engage in any act or practice that is misleading, false or deceptive to the consumer. Absolute outcome and safety promises are hard to substantiate. A dentist may also not make false or misleading statements about skill or method of practice.
Source: Idaho Code 48-603(5) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have"); Idaho Code 48-603(17) ("Engaging in any act or practice that is otherwise misleading, false, or deceptive to the consumer")
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 risk or side effects.
Idaho Code 48-603 · Needs counsel review
What the checker flags with Idaho selected
Sample wording we wrote, run through the engine with Idaho selected. Only samples where a Idaho rule fires are shown.
Our clinic cures back pain. 100% guaranteed results. Book this week.
- Blocks approval
CG-DIS-001Also matches CG-DIS-016Saying 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 approval
CG-ABS-002A 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.
- Warning
CG-ABS-015Also matches CG-IDS-005, CG-ABS-001A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.
Dr. Park is the best doctor in town. Our patients always get results.
- Warning
CG-TRH-001Also matches CG-IDS-003, CG-SUP-004Unsubstantiated best, only, lowest-rate or better-than-named-competitor claims about medical providers are superiority claims that need competent evidence and head-to-head substantiation.
Source. FTC Act section 5 and FTC Policy Statement on Substantiation (1984); FTC Health Products Compliance Guidance (2022); state medical advertising rules
Safer wording. Drop ranking and comparison claims unless you hold head-to-head evidence and can disclose the basis. Describe what you offer without comparing yourself to named competitors.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Idaho 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 Idaho rules for any industry are on the Idaho page.
Next step
Check your Idaho clinic copy
Select Idaho in the checker and every flag cites the rule and source listed above.