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Clinics and medical practices / Maryland

Maryland adds 4 state rules for clinics and medical practices

Maryland 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 COMAR 10.32.01.13, Md. Code, Health Occ. 14-404 and Md. Code, Health Occ. 14-503. Of the 44 states with a page for this industry, it has the 20th most rules.

What Maryland adds

These are the Maryland rules whose wording is about licensed practitioners, boards and clinics. They run when Maryland is selected in the checker.

  1. CG-MDS-001 · Warns · Citation checked against stored text

    Maryland bars a physician advertisement from containing statements intended or likely to create false or unjustified expectations of favorable results. Guarantees and miracle claims are the standard example.

    Source: COMAR 10.32.01.13B(4) ("create false or unjustified expectations of favorable results")

    Safer wording: Describe the service and what patients have typically experienced, with a source, and say results vary. Do not promise a result.

    COMAR 10.32.01.13 · Needs counsel review

  2. CG-MDS-002 · Warns · Citation checked against stored text

    Maryland bars a physician advertisement for free or discounted services, examinations or treatments when additional services done as a result and within 72 hours of the first visit will carry a charge, unless it was a bona fide emergency. The ad has to be clear about what is free.

    Source: COMAR 10.32.01.13B(6) ("Statements advertising discounted or free services, examinations, or treatments when there will be an additional charge for any additional services")

    Safer wording: Say exactly what is free and what any follow-up services will cost. Do not offer a free first visit if services done within 72 hours will be billed unless that is clearly disclosed.

    COMAR 10.32.01.13 · Needs counsel review

  3. CG-MDS-003 · Warns · Citation checked against stored text

    Maryland says a physician may not represent to the public that the physician is board certified unless the physician is, and discloses the full name of the certifying board and the specialty or subspecialty. Uncertified physicians may not suggest formal recognition as a specialist.

    Source: Md. Code, Health Occ. 14-503(a) ("discloses the full name of the board from which the physician is certified")

    Safer wording: Name the certifying board in full and the specialty, for example "board certified in cardiology by the American Board of Internal Medicine", and only if it is true and current.

    Md. Code, Health Occ. 14-503 · Needs counsel review

  4. CG-MDS-004 · Warns · Citation checked against stored text

    Maryland can discipline a physician who pays or accepts money for bringing or referring a patient.

    Source: Md. Code, Health Occ. 14-404(a)(15) ("Pays or agrees to pay any sum to any person for bringing or referring a patient")

    Safer wording: Remove payment for referrals aimed at practitioners or patient brokers and have counsel review any referral arrangement.

    Md. Code, Health Occ. 14-404 · Needs counsel review

What the checker flags with Maryland selected

Sample wording we wrote, run through the engine with Maryland selected. Only samples where a Maryland rule fires are shown.

Clinic ad · actual checker output3 claims flagged

Our clinic cures back pain. 100% guaranteed results. Book this week.

  • Blocks approvalCG-DIS-001Also matches CG-DIS-016

    Saying 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 approvalCG-ABS-002

    A 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.

  • WarningCG-ABS-015Also matches CG-MDS-001, CG-ABS-001

    A 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 Maryland ones. The ones that weigh most:

  1. 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

  2. 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

  3. 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

  4. 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 Maryland rules for any industry are on the Maryland page.

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