Clinics and medical practices / Louisiana
Louisiana adds 3 state rules for clinics and medical practices
Louisiana 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 La. R.S. 37:1285 and R.S. 37:1285. Of the 44 states with a page for this industry, it has the 40th most rules.
What Louisiana adds
These are the Louisiana rules whose wording is about licensed practitioners, boards and clinics. They run when Louisiana is selected in the checker.
CG-LAS-001 · Warns · Citation checked against stored text
Louisiana lets the medical board discipline a physician whose advertising is fraudulent, false, deceptive or misleading. Guaranteed results and no-risk claims are the standard examples.
Source: La. R.S. 37:1285(A)(7) ("which is fraudulent, false, deceptive, or misleading")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or say there is no risk.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
CG-LAS-002 · Warns · Citation checked against stored text
Louisiana allows a physician to say he or she is board certified only if the ad gives the full name of the board and the specialty, and the board is an ABMS or AOA board, board-approved, or requires ACGME-approved training.
Source: La. R.S. 37:1285(A)(32) ("Holding oneself out to the public in any manner as being certified by a public or private board")
Safer wording: Name the full certifying board and the specialty, for example "Board certified in cardiology by the American Board of Internal Medicine," and make sure the board qualifies.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
CG-LAS-003 · Warns · Citation checked against stored text
Louisiana lets the medical board discipline a physician who solicits, accepts or receives anything of economic value in return for referring patients.
Source: La. R.S. 37:1285(A)(19) ("Soliciting, accepting, or receiving anything of economic value in return for and based on the referral of patients to another person, firm, or corporation")
Safer wording: Remove payment for patient referrals aimed at physicians or referral sources. Counsel should review any referral reward program.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
What the checker flags with Louisiana selected
Sample wording we wrote, run through the engine with Louisiana selected. Only samples where a Louisiana 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-LAS-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 Louisiana 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 Louisiana rules for any industry are on the Louisiana page.
Next step
Check your Louisiana clinic copy
Select Louisiana in the checker and every flag cites the rule and source listed above.