Clinics and medical practices / Texas
Texas adds 13 state rules for clinics and medical practices
Texas adds 13 rules to the 109 federal ones the checker already matches to clinics and medical practices. 3 block approval and 10 warn. The rules cite 22 Tex. Admin. Code 164.3, Tex. Bus. & Com. Code 17.46 and Tex. Occ. Code 102.001. Of the 44 states with a page for this industry, it has the 1st most rules.
What Texas adds
These are the Texas rules whose wording is about licensed practitioners, boards and clinics. They run when Texas is selected in the checker.
CG-TEX-006 · Blocks approval · Citation checked against stored text
Texas makes it a crime to knowingly offer to pay or agree to accept a commission, cash or other benefit for securing or soliciting a patient for a state-licensed health care provider. Physicians face a separate offense for paying anyone to secure patients. Federal safe harbors are carved out, so counsel must review the arrangement.
Source: Tex. Occ. Code 102.001 (offering or accepting remuneration or commission for securing or soliciting patients, subsection (a)) and Tex. Occ. Code 165.155 (physician paying for soliciting patients, subsection (a))
Safer wording: Do not advertise payments per patient or lead. Pay marketing vendors a flat fee set in advance for services, and have counsel approve the arrangement.
Tex. Occ. Code 102.001, Tex. Occ. Code 165.155 · Needs counsel review
CG-TEX-011 · Blocks approval · Citation checked against stored text
Texas deceptive trade law lets a seller advertise a health care discount card only if it does not claim to provide insurance coverage of any kind and the discount is not false or misleading. Copy that ties a discount card to insurance or coverage, with no statement that it is not insurance, breaks that condition.
Source: Tex. Bus. & Com. Code 17.46 (discount health care card must not be represented as insurance coverage, subsection (b)(18))
Safer wording: State plainly that the card is a discount program and not insurance, and only advertise discounts you have agreements with providers to honor.
Tex. Bus. & Com. Code 17.46 · Needs counsel review
CG-TEX-013 · Blocks approval · Citation checked against stored text
A Texas Medical Board rule says physician advertising that uses board eligible, board qualified, or similar wording meant to convey the same meaning as board certified is false, deceptive or misleading. It binds physicians, but the wording is a bright line.
Source: 22 Tex. Admin. Code 164.3(b)(1) ("any similar language calculated to convey the same meaning as")
Safer wording: Say board certified only if the physician holds a certification the rule recognises, and name the certifying board. Otherwise describe training or fellowship without a board-status term.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-004 · Warns · Citation checked against stored text
Texas treats a comparison with another professional as misleading unless it can be factually substantiated, and physician rules also reach ads claiming professional superiority that cannot be verified. Best-in-town and better-than-others claims are the usual form. Applies to licensees and substantiation can fix it, so this is a warning.
Source: Tex. Occ. Code 101.201 (comparisons with other professionals must be factually substantiated, subsection (b)(3)) and Tex. Occ. Code 165.155 (physician ads claiming superiority that is not readily verifiable, subsection (d)(2))
Safer wording: Drop the superiority or comparison claim, or keep documented proof on file and state the basis, for example a named ranking with its year.
Tex. Occ. Code 101.201, Tex. Occ. Code 165.155 · Needs counsel review
CG-TEX-007 · Warns · Citation checked against stored text
Texas bars offering or accepting any remuneration, in cash or in kind, for securing or soliciting a patient for a state-licensed provider. Rewarding patients with cash, gift cards, credits or free services for sending in friends can fall inside that. The statute has exceptions for federally permitted payments, so this is a warning.
Source: Tex. Occ. Code 102.001 (remuneration in cash or in kind for securing or soliciting a patient or patronage, subsection (a)) and Tex. Occ. Code ch. 102 (non-physician healing arts, subchapter B)
Safer wording: Remove cash, gift card, credit or free-service rewards for referring patients. A plain tell-a-friend line with no benefit is lower risk. Counsel should review any referral program.
Tex. Occ. Code 102.001, Tex. Occ. Code ch. 102 · Needs counsel review
CG-TEX-010 · Warns · Citation checked against stored text
Texas deceptive trade law lists as misleading any claim that goods or services have an approval, certification, sponsorship or status they do not have. Approval and endorsement claims in health ads are only lawful if true, and the ad alone cannot show that, so this is a warning.
Source: Tex. Bus. & Com. Code 17.46 (misrepresenting sponsorship, approval, status or certification of goods or services, subsections (b)(2) and (b)(5))
Safer wording: Keep proof of every approval, clearance or endorsement claim and name exactly what was approved, for example the specific device or drug, not the clinic.
Tex. Bus. & Com. Code 17.46 · Needs counsel review
CG-TEX-012 · Warns · Citation checked against stored text
Texas allows a telemedicine prescriber to treat a patient only where a valid practitioner-patient relationship exists, through an existing relationship, call coverage, or a qualifying exam method using relevant clinical information, and holds telehealth to the in-person standard of care. Ads promising prescriptions with no exam or clinical review conflict with that. Compliance depends on what actually happens, so this is a warning.
Source: Tex. Occ. Code 111.005 (valid practitioner-patient relationship for telemedicine, subsection (a)) and Tex. Occ. Code ch. 111 (in-person standard of care applies to telehealth, section 111.007 subsection (a))
Safer wording: Say that a Texas-licensed clinician reviews your history and decides if treatment is appropriate. Do not promise a prescription or skip the evaluation.
Tex. Occ. Code ch. 111, Tex. Occ. Code 111.005 · Needs counsel review
CG-TEX-014 · Warns · Citation checked against stored text
A Texas Medical Board rule lists offering a permanent cure for an incurable disease, sickness or illness as false, deceptive or misleading physician advertising. Permanent-cure wording is the usual form. The rule binds physicians and the condition named matters, so this is a warning.
Source: 22 Tex. Admin. Code 164.3(b)(2) ("offering a permanent cure for an incurable disease")
Safer wording: Describe what the treatment does and who it is for, say results vary, and avoid cure or permanent language for chronic or incurable conditions.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-015 · Warns · Citation checked against stored text
A Texas Medical Board rule lists providing a testimonial without a disclaimer about the credentials of the person giving it, and without a disclosure of any compensation given for it, as false, deceptive or misleading physician advertising. No compensation disclosure appears in this copy.
Source: 22 Tex. Admin. Code 164.3(b)(3) ("a disclosure of compensation provided in exchange for the testimonial")
Safer wording: If any testimonial runs, state who the speaker is and that they have no medical credentials unless they do, and disclose any payment, gift or discount given for it. Check Tex. Occ. Code 101.201 as well, which lists testimonials separately.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-016 · Warns · Citation checked against stored text
A Texas Medical Board rule lists untruthful or deceptive claims about costs and fees, including claims of free service when a third party is billed, as false, deceptive or misleading physician advertising. Copy that calls a visit free and also says insurance is billed is the usual form.
Source: 22 Tex. Admin. Code 164.3(b)(5) ("including claims of free service if a third-party is billed")
Safer wording: Do not call a service free if insurance or another third party is billed for it. Say what the patient pays and that insurance may be billed.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-017 · Warns · Citation checked against stored text
A Texas Medical Board rule lists claiming a unique or exclusive skill without substantiation and basis for the claim as false, deceptive or misleading physician advertising. The only doctor who does this, and our exclusive technique, are the usual forms. Substantiation can cure it, so this is a warning.
Source: 22 Tex. Admin. Code 164.3(b)(6) ("claiming a unique or exclusive skill without substantiation")
Safer wording: Drop the only or exclusive claim, or keep documented proof on file and state the basis, such as a named credential or a dated, sourced fact.
22 Tex. Admin. Code 164.3 · Needs counsel review
CG-TEX-018 · Warns · Citation checked against stored text
A Texas Medical Board rule lists failing to disclose that an advertisement, article or infomercial is a paid for presentation as false, deceptive or misleading physician advertising. Advertorial or sponsored content with no paid-for label is the usual form.
Source: 22 Tex. Admin. Code 164.3(b)(7) ("failing to disclose that the advertisement, article, or infomercial")
Safer wording: Label the piece clearly as a paid advertisement, for example Paid for by and the practice name, at the top of the piece.
22 Tex. Admin. Code 164.3 · Needs counsel review
What the checker flags with Texas selected
Sample wording we wrote, run through the engine with Texas selected. Only samples where a Texas rule fires are shown.
Our clinic cures back pain. 100% guaranteed results. Book this week.
- Blocks approval
CG-DIS-001Also matches CG-DIS-016Saying 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 approval
CG-ABS-002A 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.
- Warning
CG-ABS-015Also matches CG-TEX-001, CG-ABS-001A 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.
Dr. Park is the best doctor in town. Our patients always get results.
- Warning
CG-TEX-004Also matches CG-TRH-001, CG-SUP-004Texas treats a comparison with another professional as misleading unless it can be factually substantiated, and physician rules also reach ads claiming professional superiority that cannot be verified. Best-in-town and better-than-others claims are the usual form. Applies to licensees and substantiation can fix it, so this is a warning.
Source. Tex. Occ. Code 101.201 (comparisons with other professionals must be factually substantiated, subsection (b)(3)) and Tex. Occ. Code 165.155 (physician ads claiming superiority that is not readily verifiable, subsection (d)(2))
Safer wording. Drop the superiority or comparison claim, or keep documented proof on file and state the basis, for example a named ranking with its year.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Texas ones. The ones that weigh most:
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
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
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
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 Texas rules for any industry are on the Texas page.
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