Oklahoma adds 4 state rules for clinics and medical practices

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

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

   Oklahoma treats advertising of a medical business with statements that are grossly untrue or improbable and calculated to mislead the public as unprofessional conduct by a physician. Guaranteed results and no-risk claims are the standard examples.

   Source: 59 O.S. 509(6) ("All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to mislead the public")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or say there is no risk.

   59 O.S. 509 · Needs counsel review

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

   Oklahoma treats taking or offering to accept a fee on the assurance that a manifestly incurable disease can or will be cured as unprofessional conduct by a physician.

   Source: 59 O.S. 509(2) ("on the assurance or promise that a manifestly incurable disease can or will be cured")

   Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure.

   59 O.S. 509 · Needs counsel review

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

   Oklahoma treats prescribing or administering a drug or treatment without sufficient examination and a valid physician-patient relationship as unprofessional conduct. Ads that promise prescriptions with no exam or from a form alone invite that problem.

   Source: 59 O.S. 509(12) ("Prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship")

   Safer wording: Say a licensed clinician reviews your history and, where required, examines you before prescribing. Do not tie a prescription to a form alone.

   59 O.S. 509 · Needs counsel review

4. CG-OKS-006 · Warns · Citation checked against stored text

   The Oklahoma State Board of Medical Licensure and Supervision rule lists giving or receiving a fee, commission, rebate or other compensation for professional services not actually and personally rendered as unprofessional conduct. Referral payments fall under it.

   Source: OAC 435:10-7-4(30) ("Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Counsel should review any patient referral reward.

   OAC 435:10-7-4 · Needs counsel review

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

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