Clinics and medical practices / Indiana
Indiana adds 3 state rules for clinics and medical practices
Indiana 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 IC 25-1-10.3-7 and IC 25-1-9-4. Of the 44 states with a page for this industry, it has the 38th most rules.
What Indiana adds
These are the Indiana rules whose wording is about licensed practitioners, boards and clinics. They run when Indiana is selected in the checker.
CG-INS-001 · Warns · Citation checked against stored text
Indiana lets a licensing board sanction a practitioner who advertised services in a false or misleading manner. Guaranteed-result and miracle-cure wording is the usual form. The ground applies to licensed practitioners, so this is a warning.
Source: IC 25-1-9-4(a)(1)(C) ("advertised services in a false or misleading manner")
Safer wording: Say what the treatment is and who it is for, give any outcome figure with its source and date, and say results vary by patient.
IC 25-1-9-4 · Needs counsel review
CG-INS-002 · Warns · Citation checked against stored text
Indiana requires an advertisement that includes a practitioner's name to prominently state the profession or license the practitioner holds. A bare Dr. title does not say which profession or license, so copy that names a doctor with no profession or license stated is flagged. The rule covers practitioners licensed under IC 25.
Source: IC 25-1-10.3-7(a) ("must prominently state the profession or license held by the practitioner")
Safer wording: Add the profession or license next to the name, for example Dr. Lee, MD, or Anna Lee, nurse practitioner, in a font size and style that is readily apparent.
IC 25-1-10.3-7 · Needs counsel review
CG-INS-003 · Warns · Citation checked against stored text
Indiana says an advertisement must not include any deceptive or misleading information, and a practitioner who runs one is subject to disciplinary sanctions. Best-in-state and better-than-others claims are misleading unless they can be backed with proof. Substantiation can fix it, so this is a warning.
Source: IC 25-1-10.3-7(c) ("An advertisement must not include any deceptive or misleading information")
Safer wording: Drop the superiority claim, or keep proof on file and name the basis, for example a named ranking and its year.
IC 25-1-10.3-7 · Needs counsel review
What the checker flags with Indiana selected
Sample wording we wrote, run through the engine with Indiana selected. Only samples where a Indiana 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-INS-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.
Dr. Park is the best doctor in town. Our patients always get results.
- Warning
CG-INS-002Indiana requires an advertisement that includes a practitioner's name to prominently state the profession or license the practitioner holds. A bare Dr. title does not say which profession or license, so copy that names a doctor with no profession or license stated is flagged. The rule covers practitioners licensed under IC 25.
Source. IC 25-1-10.3-7(a) ("must prominently state the profession or license held by the practitioner")
Safer wording. Add the profession or license next to the name, for example Dr. Lee, MD, or Anna Lee, nurse practitioner, in a font size and style that is readily apparent.
- Warning
CG-INS-003Also matches CG-TRH-001, CG-SUP-004Indiana says an advertisement must not include any deceptive or misleading information, and a practitioner who runs one is subject to disciplinary sanctions. Best-in-state and better-than-others claims are misleading unless they can be backed with proof. Substantiation can fix it, so this is a warning.
Source. IC 25-1-10.3-7(c) ("An advertisement must not include any deceptive or misleading information")
Safer wording. Drop the superiority claim, or keep proof on file and name the basis, for example a named ranking and its year.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Indiana 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 Indiana rules for any industry are on the Indiana page.
Next step
Check your Indiana clinic copy
Select Indiana in the checker and every flag cites the rule and source listed above.