Ohio adds 4 state rules for clinics and medical practices

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

1. CG-OHS-002 · Blocks approval · Citation checked against stored text

   Ohio lets the State Medical Board discipline a licensee for advertising that the licensee will waive all or part of a deductible or copayment that a patient's health plan would otherwise require. Copay-waiver wording in an ad is the plain case.

   Source: Ohio Rev. Code 4731.22(B)(28)(b) ("Advertising that the individual will waive the payment of all or any part of a deductible or copayment")

   Safer wording: Say what the patient will pay and that insurance copays and deductibles may apply. Do not advertise a waiver. Ohio carves out waivers that follow a plan that expressly allows them (division (N)), so have counsel confirm before relying on that.

   Ohio Rev. Code 4731.22 · Needs counsel review

2. CG-OHS-003 · Blocks approval · Citation checked against stored text

   Ohio lets the State Medical Board discipline a licensee for dividing fees for the referral of patients, or receiving a thing of value in return for a specific referral. Offering or advertising a referral fee, bonus or commission for sending patients is the plain case.

   Source: Ohio Rev. Code 4731.22(B)(17) ("engaging in the division of fees for referral of patients")

   Safer wording: Do not offer or advertise payment, commission or other value for referring patients. Marketing that is paid on a flat fee for advertising, not on referrals, should say so and have counsel review it.

   Ohio Rev. Code 4731.22 · Needs counsel review

3. CG-OHS-001 · Warns · Citation checked against stored text

   Ohio lets the State Medical Board discipline a licensee for a false, fraudulent, deceptive or misleading statement in advertising for patients, and defines that to include a statement intended or likely to create false or unjustified expectations of favorable results. Guaranteed-result and miracle-cure wording is the usual form. It applies to licensees and the test turns on the whole statement, so this is a warning.

   Source: Ohio Rev. Code 4731.22(B)(5) ("is intended or is likely to create false or unjustified expectations of favorable results")

   Safer wording: Say what the treatment is and who it is for, give any outcome figure with its source and date, and say results vary by patient.

   Ohio Rev. Code 4731.22 · Needs counsel review

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

   Ohio bars a licensed physician from referring a patient for a designated health service to a person with whom the physician or an immediate family member has an ownership or investment interest or a compensation arrangement, and bars arrangements built to assure such referrals. Copy that offers physicians payment for referrals, or ties referrals to ownership, points at that arrangement. The statute has exceptions and the wording is arguable, so this is a warning.

   Source: Ohio Rev. Code 4731.66(A)(2) ("Any compensation arrangement involving any remuneration, directly or indirectly, overtly or covertly, in cash or in kind")

   Safer wording: Do not tie physician compensation or ownership to referrals. Have counsel review any referral relationship against sections 4731.66 to 4731.68 before marketing it.

   Ohio Rev. Code 4731.66 · Needs counsel review

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

109 federal and general rules matched to clinics and medical practices run next to the Ohio 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 Ohio rules for any industry are on the Ohio page.