South Carolina adds 4 state rules for clinics and medical practices

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

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

   South Carolina lets the Board of Medical Examiners discipline a physician for dishonorable, unethical or unprofessional conduct likely to deceive or defraud the public. Guaranteed-cure and miracle claims are the usual form. This reaches licensees and the text leaves room for argument, so it is a warning.

   Source: S.C. Code 40-47-110(B)(9) ("engaged in dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public")

   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.

   S.C. Code 40-47-110 · Needs counsel review

2. CG-SCS-003 · Warns · Citation checked against stored text

   South Carolina makes it unlawful for a health care provider to offer, pay, solicit or receive a kickback for referring or soliciting patients. Offers of referral fees or per-referral payments in recruiting or partner copy are the ad form of this.

   Source: S.C. Code 44-113-60(B) ("to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients")

   Safer wording: Remove payment for referrals from the copy and have counsel review any patient referral reward.

   S.C. Code 44-113-60 · Needs counsel review

3. CG-SCS-004 · Warns · Citation checked against stored text

   South Carolina treats prescribing to people the licensee has never personally examined, based only on answers to a set of questions, as unprofessional. Ads that promise a prescription from a questionnaire alone advertise that conduct.

   Source: S.C. Code 40-47-113(C) ("Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is unprofessional")

   Safer wording: Describe the real visit, such as a video or in-person exam by a licensed prescriber, and drop wording that makes a questionnaire the whole evaluation.

   S.C. Code 40-47-113 · Needs counsel review

4. CG-SCS-005 · Warns · Citation checked against stored text

   South Carolina declares unfair or deceptive acts in trade or commerce unlawful. The FDA does not approve or certify clinics or doctors, so calling a practice FDA-approved claims an approval it does not have.

   Source: S.C. Code 39-5-20(a) ("unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful")

   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.

   S.C. Code 39-5-20 · Needs counsel review

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

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