Skip to content
Stetwright
Try free

Clinics and medical practices / Tennessee

Tennessee adds 9 state rules for clinics and medical practices

Tennessee adds 9 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 9 warn. The rules cite 0880-02-.13, Tenn. Code Ann. 63-6-214 and Tenn. Code Ann. 47-18-104. Of the 44 states with a page for this industry, it has the 3rd most rules.

What Tennessee adds

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

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

    Tennessee treats any physician advertisement that creates an unjustified expectation about the potential results of any treatment as unethical and unprofessional conduct. Guarantees and miracle claims are the clearest case.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(l) ("Any communication which creates an unjustified expectation concerning the potential results of any treatment")

    Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.

    0880-02-.13 · Needs counsel review

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

    Tennessee treats claims that a physician's services, staff or equipment are professionally superior, or that one physician is better than another, as unprofessional conduct when the superiority cannot be substantiated.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(a) ("convey the message that one licensee is better than another when superiority of services, personnel, materials or equipment cannot be substantiated")

    Safer wording: State training, board certification and years in practice. Do not rank against other physicians unless you hold proof that supports it.

    0880-02-.13 · Needs counsel review

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

    Tennessee treats a personal testimonial about the quality or competency of a service or treatment as unprofessional conduct when it is not reasonably verifiable. First-person outcome claims in an ad are testimonials of that kind.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(f) ("The use of any personal testimonial attesting to a quality of competency of a service or treatment offered by a licensee that is not reasonably verifiable")

    Safer wording: Use a testimonial only if you can verify it, keep the proof on file, and say that results vary. Counsel should review testimonial use.

    0880-02-.13 · Needs counsel review

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

    Tennessee treats using statistics from past performance to predict future results as unprofessional conduct when it creates an unjustified expectation about the results the physician can achieve.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(g) ("which creates an unjustified expectation about results that the licensee can achieve")

    Safer wording: Cite the study or the practice data, the period and the patient group, and say outcomes vary. Do not present past rates as a promise.

    0880-02-.13 · Needs counsel review

  5. CG-TNS-005 · Warns · Citation checked against stored text

    Tennessee treats appeals to an individual's anxiety in an excessive or unfair manner as unprofessional conduct in physician advertising.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(e) ("Any appeals to an individual's anxiety in an excessive or unfair manner")

    Safer wording: State the condition and who should be screened, calmly and factually, with a source for any risk figure.

    0880-02-.13 · Needs counsel review

  6. CG-TNS-008 · Warns · Citation checked against stored text

    Tennessee treats offering, giving, receiving or agreeing to receive a fee or other consideration to or from a third party for the referral of a patient as unprofessional conduct in physician advertising.

    Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(t) ("for the referral of a patient in connection with the performance of professional services")

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

    0880-02-.13 · Needs counsel review

  7. CG-TNS-009 · Warns · Citation checked against stored text

    The Tennessee Consumer Protection Act makes it unlawful to represent that goods or services have sponsorship, approval, characteristics or benefits that they do not have. Calling a clinic service FDA approved or certified is a claim of approval that is often untrue, since the FDA approves products, not clinic services.

    Source: Tenn. Code Ann. 47-18-104(b)(5) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have")

    Safer wording: Name the specific product and its actual FDA status and cleared use. Do not describe a clinic or procedure as FDA approved.

    Tenn. Code Ann. 47-18-104 · Needs counsel review

  8. CG-TNS-011 · Warns · Citation checked against stored text

    Tennessee lists offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality as grounds for discipline of a physician. Secret-formula pitches are the usual form.

    Source: Tenn. Code Ann. 63-6-214(b)(15) ("Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality")

    Safer wording: Describe the treatment, how it works and what it is for. Do not sell it as a secret or hidden cure.

    Tenn. Code Ann. 63-6-214 · Needs counsel review

  9. CG-TNS-012 · Warns · Citation checked against stored text

    Tennessee lists giving or receiving rebates as grounds for discipline of a physician, and makes it an offense for a physician to divide a fee with anyone without the knowledge and consent of the person paying it. Payments in return for referrals are expressly prohibited.

    Source: Tenn. Code Ann. 63-6-214(b)(16) ("Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly"); Tenn. Code Ann. 63-6-225(a) ("It is an offense for any licensed physician or surgeon to divide or to agree to divide any fee or compensation of any sort")

    Safer wording: Remove fee-sharing and rebate offers from copy aimed at practitioners. Counsel should review any arrangement that pays for patients sent.

    Tenn. Code Ann. 63-6-214, Tenn. Code Ann. 63-6-225 · Needs counsel review

What the checker flags with Tennessee selected

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

Clinic ad · actual checker output3 claims flagged

Our clinic cures back pain. 100% guaranteed results. Book this week.

  • Blocks approvalCG-DIS-001Also matches CG-DIS-016

    Saying 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 approvalCG-ABS-002

    A 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.

  • WarningCG-ABS-015Also matches CG-TNS-001, CG-ABS-001

    A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.

    Source. FTC Act section 5; FTC Health Products Compliance Guidance

    Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.

Doctor superiority · actual checker output1 claim flagged

Dr. Park is the best doctor in town. Our patients always get results.

  • WarningCG-TRH-001Also matches CG-SUP-004, CG-TNS-002

    Unsubstantiated 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 Tennessee 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 Tennessee rules for any industry are on the Tennessee page.

Next step

Check your Tennessee clinic copy

Select Tennessee in the checker and every flag cites the rule and source listed above.

Open the checkerAll clinics and medical practices rules