Clinics and medical practices / Illinois
Illinois adds 5 state rules for clinics and medical practices
Illinois 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 225 ILCS 60/22, 225 ILCS 60/22.2 and 410 ILCS 50/3. Of the 44 states with a page for this industry, it has the 10th most rules.
What Illinois adds
These are the Illinois rules whose wording is about licensed practitioners, boards and clinics. They run when Illinois is selected in the checker.
CG-ILL-001 · Warns · Citation checked against stored text
Illinois lets the Department discipline a physician for a false or misleading statement about their skill or about how well a treatment works. Guaranteed-cure and miracle claims are the usual examples. The rule applies to licensees and the text does not define misleading, so this is a warning.
Source: 225 ILCS 60/22 (A)(10), false or misleading statement about skill or the efficacy of a treatment is grounds for discipline
Safer wording: Describe what the treatment is and who it is for, cite a source for any outcome data, and say that results vary.
225 ILCS 60/22 · Needs counsel review
CG-ILL-002 · Warns · Citation checked against stored text
Illinois lists solicitation of professional patronage by agents or other persons, and profiting from people who present themselves as a physician's agents, as grounds for discipline. Copy that advertises agents hired to solicit patients points to that. The rule applies to licensees, so this is a warning.
Source: 225 ILCS 60/22 (A)(24), solicitation of professional patronage by agents or other persons is grounds for discipline
Safer wording: Take out references to paid patient recruiters or agents. Advertise the practice directly and have counsel review any third-party marketing arrangement.
225 ILCS 60/22 · Needs counsel review
CG-ILL-003 · Warns · Citation checked against stored text
Illinois bars a physician licensee from dividing, sharing or splitting a professional fee with anyone in exchange for a referral. Breaking that bar is also grounds for discipline. Fee-split and referral-fee offers in recruiting or partner copy fall inside it.
Source: 225 ILCS 60/22.2 (a), a licensee may not divide or split a professional fee for a referral, and 225 ILCS 60/22 (A)(14)
Safer wording: Remove fee-sharing and referral-fee offers from the copy. Have counsel review any payment to a referral source.
225 ILCS 60/22, 225 ILCS 60/22.2 · Needs counsel review
CG-ILL-004 · Warns · Citation checked against stored text
Illinois bars a physician licensee from paying a percentage of professional fees, revenues or profits to anyone for marketing or management of the practice, a preferred provider list, a provider network, fee negotiation, or a patient incentive program. Recruiting copy that offers a percentage-of-revenue marketing deal runs into that.
Source: 225 ILCS 60/22.2 (f), no percentage of fees, revenues or profits may be paid for marketing, management, network or preferred-provider access
Safer wording: Offer marketing and management services for a flat fee set in advance. Have counsel confirm any arrangement that pays a percentage.
225 ILCS 60/22, 225 ILCS 60/22.2 · Needs counsel review
CG-ILL-007 · Warns · Citation checked against stored text
Illinois gives patients a right to privacy and confidentiality, and providers must not disclose the nature or details of services provided, outside listed exceptions. A reply to an online review that confirms the reviewer was a patient or names their treatment can disclose that. The patient may have waived this in writing, so this is a warning.
Source: 410 ILCS 50/3 (d), providers must refrain from disclosing the nature or details of services provided to patients
Safer wording: Reply to reviews without confirming the person was a patient or naming any treatment. Say something general and move the conversation offline, for example by asking them to call the office.
410 ILCS 50/3 · Needs counsel review
What the checker flags with Illinois selected
Sample wording we wrote, run through the engine with Illinois selected. Only samples where a Illinois 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-ILL-001, 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.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Illinois 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 Illinois rules for any industry are on the Illinois page.
Next step
Check your Illinois clinic copy
Select Illinois in the checker and every flag cites the rule and source listed above.