Oregon adds 4 state rules for clinics and medical practices

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

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

   Oregon lets the Medical Board act against a physician who tells a patient that a manifestly incurable condition can be cured. Ads that say a clinic or treatment cures ALS, advanced cancer or dementia make that representation to the public. This reaches licensees and what counts as incurable is arguable, so it is a warning.

   Source: ORS 677.190(3) ("a manifestly incurable condition of sickness, disease or injury can be cured")

   Safer wording: Say what the treatment is studied for, such as managing symptoms or slowing progression, and cite the evidence. Do not claim a cure.

   ORS 677.190 · Needs counsel review

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

   Oregon lets the Medical Board act against a physician for statements the physician knows, or should know, are false or misleading about skill or the efficacy or value of a treatment. Guaranteed-cure and miracle claims are the usual form. This reaches licensees, so it is a warning.

   Source: ORS 677.190(9) ("regarding skill or the efficacy or value of the medicine, treatment or remedy")

   Safer wording: Say what the treatment involves and who it is for, cite a source for any outcome data, and state that results vary by patient.

   ORS 677.190 · Needs counsel review

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

   Oregon lets the Medical Board act against a physician who employs any person to solicit patients, with an exception for managed care organizations and similar groups. Recruiting copy for paid patient solicitors or per-patient pay is the ad form of this.

   Source: ORS 677.190(2) ("Employing any person to solicit patients for the licensee")

   Safer wording: Do not pay people per patient they bring in. Have counsel review any outreach or marketing staff compensation.

   ORS 677.190 · Needs counsel review

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

   Oregon makes it an unlawful practice to represent that a person has a sponsorship, approval or status the person does not have. The FDA does not approve or certify clinics or doctors, so calling a practice FDA-approved claims an approval it does not have.

   Source: ORS 646.608(1)(e) ("a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have")

   Safer wording: Say what is accurate, for example that the clinic is state-licensed or that a specific drug or device is FDA-approved or cleared for a stated use.

   ORS 646.608 · Needs counsel review

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

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