Clinics and medical practices / New York
New York adds 7 state rules for clinics and medical practices
New York adds 7 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 7 warn. The rules cite N.Y. Educ. Law 6530, 8 NYCRR 29.1 and N.Y. Gen. Bus. Law 349. Of the 44 states with a page for this industry, it has the 6th most rules.
What New York adds
These are the New York rules whose wording is about licensed practitioners, boards and clinics. They run when New York is selected in the checker.
CG-NYS-001 · Warns · Citation checked against stored text
New York lists guaranteeing that satisfaction or a cure will result from professional services as medical misconduct, and also lists advertising that guarantees any service as not in the public interest. The rules reach licensees, and a guarantee about something other than care may be fine, so this is a warning.
Source: N.Y. Educ. Law 6530(34) (guaranteeing satisfaction or a cure is misconduct), and N.Y. Educ. Law 6530(27)(a)(iv) (advertising that guarantees any service)
Safer wording: Describe what the service involves and who it is for, point to a source for any outcome data, and say that results vary. Do not promise a cure or satisfaction.
N.Y. Educ. Law 6530 · Needs counsel review
CG-NYS-002 · Warns · Citation checked against stored text
New York lists advertising that uses testimonials as not in the public interest for physicians. The Regents rules for other licensed professions allow testimonials only with written patient consent, identity safeguards and a disclaimer, so the rules differ by profession. The result depends on who the advertiser is, so this is a warning.
Source: N.Y. Educ. Law 6530(27)(a)(iii) (advertising that uses testimonials), and 8 NYCRR 29.1(b)(12)(iv) (testimonials allowed only on stated conditions)
Safer wording: For physician advertising, drop patient testimonials. For other licensed professions, get written patient authorization, protect identity, and add a disclaimer that results are not typical. Counsel should confirm which rule applies.
N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review
CG-NYS-003 · Warns · Citation checked against stored text
New York lists advertising that claims professional superiority the licensee cannot substantiate, with the burden of proof on the licensee, as not in the public interest. Words like best, number one or most trusted are claims of superiority. The rules reach licensees, so this is a warning.
Source: N.Y. Educ. Law 6530(27)(a)(vi) (claims of professional superiority that cannot be substantiated), and 8 NYCRR 29.1(b)(12)(i)(d)
Safer wording: Replace superiority claims with facts you can document, such as credentials, years in practice, board certification or services offered. Keep the proof on file.
N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review
CG-NYS-004 · Warns · Citation checked against stored text
New York lists advertising that offers bonuses or inducements, other than a discount or reduction in an established fee or price, as not in the public interest. Gifts, prizes and sign-up bonuses are inducements. The rules reach licensees, so this is a warning.
Source: N.Y. Educ. Law 6530(27)(a)(vii) (bonuses or inducements other than a discount or reduction in an established fee), and 8 NYCRR 29.1(b)(12)(i)(e)
Safer wording: Take out gifts, prizes and bonuses. A plain discount or reduction in an established fee is the only inducement these provisions leave out, so keep any promotion to that and have counsel check it.
N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review
CG-NYS-005 · Warns · Citation checked against stored text
New York lists offering, giving, soliciting or receiving a fee or other consideration for referring a patient, and sharing professional fees with people outside the listed exceptions, as medical misconduct. Referral fees, kickbacks and fee-splitting offers in copy point to that. The rules reach licensees and carry exceptions, so this is a warning.
Source: N.Y. Educ. Law 6530(18) (fee or consideration for patient referral), and N.Y. Educ. Law 6530(19) (sharing in professional fees)
Safer wording: Remove referral-fee, commission-per-patient and fee-sharing offers. Pay marketing vendors a flat fee set in advance for services, and have counsel approve any arrangement.
N.Y. Educ. Law 6530 · Needs counsel review
CG-NYS-006 · Warns · Citation checked against stored text
New York lists advertising that is sensational or flamboyant, or that represents intimidation or undue pressure, as not in the public interest. Fear-based urgency and hype wording fall in that area. The rules reach licensees and the text does not define the terms, so this is a warning.
Source: N.Y. Educ. Law 6530(27)(a)(i) (sensational or flamboyant advertising), and N.Y. Educ. Law 6530(27)(a)(ii) (intimidation or undue pressure)
Safer wording: State what the service is and how to book it in a calm, factual tone. Drop hype words and pressure lines about waiting too long.
N.Y. Educ. Law 6530 · Needs counsel review
CG-NYS-010 · Warns · Citation checked against stored text
New York bans deceptive acts in business and false advertising, which is advertising that is misleading in a material respect, including by leaving out material facts. Absolute safety and no-risk claims about health services or products are the usual way health copy slides into that. Whether a claim misleads depends on the facts, so this is a warning. The same idea applies to physicians through the misconduct rule on false, fraudulent, deceptive or misleading advertising.
Source: N.Y. Gen. Bus. Law 349 (deceptive acts in business unlawful), N.Y. Gen. Bus. Law 350 (false advertising unlawful), and N.Y. Educ. Law 6530(27)(a)(i)
Safer wording: Describe the real risks and side effects or point readers to where they are explained. Do not promise safety or universal results. Keep proof for any claim.
N.Y. Educ. Law 6530, N.Y. Gen. Bus. Law 349, N.Y. Gen. Bus. Law 350 · Needs counsel review
What the checker flags with New York selected
Sample wording we wrote, run through the engine with New York selected. Only samples where a New York 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-002Also matches CG-ABS-015, CG-NYS-001, CG-ABS-001A 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.
Dr. Park is the best doctor in town. Our patients always get results.
- Warning
CG-TRH-001Also matches CG-NYS-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 New York 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 New York rules for any industry are on the New York page.
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