Clinics and medical practices / North Dakota
North Dakota adds 4 state rules for clinics and medical practices
North Dakota 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 N.D.C.C. 43-17-31 and N.D.C.C. 51-15-02. Of the 44 states with a page for this industry, it has the 22nd most rules.
What North Dakota adds
These are the North Dakota rules whose wording is about licensed practitioners, boards and clinics. They run when North Dakota is selected in the checker.
CG-NDS-001 · Warns · Citation checked against stored text
North Dakota makes it a ground for disciplining a physician to represent to a patient that a manifestly incurable condition can be cured, and to advertise the practice of medicine in an untrue or deceptive manner.
Source: N.D.C.C. 43-17-31(1)(l) ("The representation to a patient that a manifestly incurable condition, sickness, disease, or injury can be cured"); N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner")
Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a cure.
N.D.C.C. 43-17-31 · Needs counsel review
CG-NDS-002 · Warns · Citation checked against stored text
North Dakota makes it a ground for disciplining a physician to advertise the practice of medicine in an untrue or deceptive manner. The consumer fraud statute also makes any false promise or misrepresentation in connection with the advertisement of merchandise, which includes services, an unlawful practice whether or not anyone was misled.
Source: N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner"); N.D.C.C. 51-15-02 ("false pretense, false promise, or misrepresentation")
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.
N.D.C.C. 43-17-31, N.D.C.C. 51-15-02 · Needs counsel review
CG-NDS-003 · Warns · Citation checked against stored text
North Dakota makes it a ground for disciplining a physician to advertise the practice of medicine in an untrue or deceptive manner. Unqualified claims to be the best or most experienced cannot be verified.
Source: N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner")
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.
N.D.C.C. 43-17-31 · Needs counsel review
CG-NDS-004 · Warns · Citation checked against stored text
North Dakota makes it a ground for disciplining a physician to pay or receive, directly or indirectly, any fee, commission, rebate or other compensation for patient referrals. Lawful distributions of professional partnerships, corporations and associations are not affected.
Source: N.D.C.C. 43-17-31(1)(r) ("The payment or receipt, directly or indirectly, of any fee, commission, rebate, or other compensation for medical services not actually or personally rendered, or for patient referrals")
Safer wording: Remove fee-sharing or referral-payment offers from recruiting and partnership copy and have counsel review the arrangement.
N.D.C.C. 43-17-31 · Needs counsel review
What the checker flags with North Dakota selected
Sample wording we wrote, run through the engine with North Dakota selected. Only samples where a North Dakota 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-NDS-002, 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-NDS-003, 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 North Dakota 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 North Dakota rules for any industry are on the North Dakota page.
Next step
Check your North Dakota clinic copy
Select North Dakota in the checker and every flag cites the rule and source listed above.