Clinics and medical practices / Kansas
Kansas adds 4 state rules for clinics and medical practices
Kansas adds 4 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 4 warn. The rules cite K.S.A. 50-626, K.S.A. 65-2836 and K.S.A. 65-1436. Of the 44 states with a page for this industry, it has the 19th most rules.
What Kansas adds
These are the Kansas rules whose wording is about licensed practitioners, boards and clinics. They run when Kansas is selected in the checker.
CG-KSS-001 · Warns · Citation checked against stored text
Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements. The Consumer Protection Act also requires a supplier to have a reasonable basis for any claim about the benefits or characteristics of services, and absolute outcome and safety promises rarely have one.
Source: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(F) ("unless the supplier relied upon and possesses a reasonable basis for making such representation")
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.
K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review
CG-KSS-002 · Warns · Citation checked against stored text
Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements, and the Consumer Protection Act requires a supplier to hold the proof it represents exists for a claimed benefit. Cure and miracle claims seldom meet that standard.
Source: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(G) ("has been proven or otherwise substantiated unless the supplier relied upon and possesses the type and amount of proof or substantiation represented to exist")
Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a cure.
K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review
CG-KSS-003 · Warns · Citation checked against stored text
Kansas makes it a ground for action against a dentist's license to divide fees, or agree to split fees, with any person for bringing or referring a patient without the patient's knowledge, with limited exceptions for partnerships, employment and dental franchisors.
Source: K.S.A. 65-1436(a)(7) ("engaged in the division of fees, or agreed to split or divide the fee received for dental service with any person for bringing or referring a patient")
Safer wording: Remove fee-sharing or referral-payment offers from recruiting and partnership copy and have counsel review the arrangement.
K.S.A. 65-1436 · Needs counsel review
CG-KSS-004 · Warns · Citation checked against stored text
Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements, and the Consumer Protection Act bars representing that services are of a particular standard, quality or grade when they are of another. Unqualified superiority claims cannot be verified.
Source: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(D) ("property or services are of particular standard, quality, grade, style or model")
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.
K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review
What the checker flags with Kansas selected
Sample wording we wrote, run through the engine with Kansas selected. Only samples where a Kansas 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-KSS-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-TRH-001Also matches CG-KSS-004, 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 Kansas 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 Kansas rules for any industry are on the Kansas page.
Next step
Check your Kansas clinic copy
Select Kansas in the checker and every flag cites the rule and source listed above.