Clinics and medical practices / Missouri
Missouri adds 8 state rules for clinics and medical practices
Missouri adds 8 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 8 warn. The rules cite RSMo 334.100, RSMo 191.905 and RSMo 331.060. Of the 44 states with a page for this industry, it has the 4th most rules.
What Missouri adds
These are the Missouri rules whose wording is about licensed practitioners, boards and clinics. They run when Missouri is selected in the checker.
CG-MOS-001 · Warns · Citation checked against stored text
Missouri lets the board discipline a physician for advertising that is false or misleading or that claims without substantiation the positive cure of any disease. Guaranteed cures and miracle results are claims of that kind.
Source: RSMo 334.100.2(4)(r) ("claims without substantiation the positive cure of any disease")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a cure or a result.
RSMo 334.100 · Needs counsel review
CG-MOS-002 · Warns · Citation checked against stored text
Missouri lets the board discipline a physician for advertising that claims professional superiority to, or greater skill than, any other physician. Ranking one doctor above the rest makes that claim.
Source: RSMo 334.100.2(4)(r) ("professional superiority to or greater skill than that possessed by any other physician")
Safer wording: State training, board certification and years in practice. Do not rank the physician against other doctors unless a named, current third-party source supports it.
RSMo 334.100 · Needs counsel review
CG-MOS-003 · Warns · Citation checked against stored text
Missouri treats misrepresenting that any disease, ailment or infirmity can be cured by a method, procedure, treatment, medicine or device as misconduct for licensed practitioners. Ads that say a named disease is cured make that claim.
Source: RSMo 334.100.2(4)(e) ("Misrepresenting that any disease, ailment or infirmity can be cured by a method, procedure, treatment, medicine or device")
Safer wording: Say what the treatment is designed to manage or reduce, cite the evidence, and do not claim a cure.
RSMo 334.100 · Needs counsel review
CG-MOS-004 · Warns · Citation checked against stored text
Missouri lets the board discipline a licensee for soliciting patronage in a way that confuses, deceives or misleads the public about the need or necessity for health care services. Saying everyone needs a service overstates the need.
Source: RSMo 334.100.2(16) ("as to the need or necessity for or appropriateness of health care services")
Safer wording: Say who the service is for, such as people with a specific symptom, risk factor or doctor recommendation, and point to guidance.
RSMo 334.100 · Needs counsel review
CG-MOS-005 · Warns · Citation checked against stored text
Missouri bars knowingly offering, paying, soliciting or receiving any remuneration, including a kickback, bribe or rebate, to induce or in return for referring a person to a health care provider.
Source: RSMo 191.905.3 ("No person shall knowingly offer or pay any remuneration, including any kickback, bribe, or rebate")
Safer wording: Remove payment for referrals aimed at providers or patient brokers. Counsel should review any patient referral reward.
RSMo 191.905 · Needs counsel review
CG-MOS-006 · Warns · Citation checked against stored text
Missouri bars offering or paying any remuneration to induce a person to refer another person to a health care provider. A reward for sending a friend to a provider fits the text, so a patient referral program needs counsel review.
Source: RSMo 191.905.3 ("to induce such person to refer another person to a health care provider")
Safer wording: Drop cash or gift rewards for patient referrals and keep any thank-you non-monetary. Have counsel review the program.
RSMo 191.905 · Needs counsel review
CG-MOS-008 · Warns · Citation checked against stored text
Missouri lists promises of cure, relief from pain or other physical or mental condition, or improved health as false, misleading or deceptive advertising for dentists. Missouri applies the same list to chiropractors.
Source: RSMo 332.321.2(14)(a) ("Promises of cure, relief from pain or other physical or mental condition, or improved physical or mental health")
Safer wording: Describe the care and what patients may experience. Do not promise relief or a pain-free visit.
RSMo 332.321 · Needs counsel review
CG-MOS-010 · Warns · Citation checked against stored text
Missouri lists attracting patronage in a way that castigates, impugns, disparages, discredits or attacks other healing arts or other chiropractic physicians as false, misleading or deceptive advertising for chiropractors.
Source: RSMo 331.060.2(14)(f) ("which castigates, impugns, disparages, discredits or attacks other healing arts and sciences or other chiropractic physicians")
Safer wording: Describe what your practice does without running down other professions or other chiropractors.
RSMo 331.060 · Needs counsel review
What the checker flags with Missouri selected
Sample wording we wrote, run through the engine with Missouri selected. Only samples where a Missouri 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-MOS-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-SUP-004, CG-MOS-002Unsubstantiated 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 Missouri 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 Missouri rules for any industry are on the Missouri page.
Next step
Check your Missouri clinic copy
Select Missouri in the checker and every flag cites the rule and source listed above.