Clinics and medical practices / Utah
Utah adds 4 state rules for clinics and medical practices
Utah adds 4 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 4 warn. The rules cite Utah Code 58-1-501(, Utah Code 13-11-4 and Utah Code 58-1-501.6. Of the 44 states with a page for this industry, it has the 31st most rules.
What Utah adds
These are the Utah rules whose wording is about licensed practitioners, boards and clinics. They run when Utah is selected in the checker.
CG-UTS-001 · Warns · Citation checked against stored text
Utah lists practicing a licensed profession by any communication that is false, misleading, deceptive or fraudulent as unprofessional conduct. 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: Utah Code 58-1-501(2)(a)(viii) ("by any form of action or communication which is false, misleading, deceptive, or fraudulent")
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.
Utah Code 58-1-501( · Needs counsel review
CG-UTS-002 · Warns · Citation checked against stored text
Utah lets a provider advertise that it deviates from medical norms only if it does not guarantee any results, says so conspicuously on its website, and gives contact information. An ad that pairs an unconventional approach with a guaranteed result falls outside that protection.
Source: Utah Code 58-1-501(2)(b)(ii)(A) ("does not guarantee any results regarding any health care service")
Safer wording: Drop the guarantee. State plainly on the website that the care deviates from medical norms, and include contact information.
Utah Code 58-1-501( · Needs counsel review
CG-UTS-003 · Warns · Citation checked against stored text
Utah requires an advertisement for a licensed health care provider that includes the provider name to identify the license type the Division of Professional Licensing uses. A name with only Dr. does not say whether the person is a physician, dentist, chiropractor or something else. The rule applies where the provider licensing authority and ethics allow advertising, so this is a warning.
Source: Utah Code 58-1-501.6(4) ("shall identify the license type, as used by the division, under which the health care provider is practicing")
Safer wording: Add the license type next to the provider name, for example Jane Smith, MD, or Alan Rivera, DDS.
Utah Code 58-1-501.6 · Needs counsel review
CG-UTS-004 · Warns · Citation checked against stored text
Utah makes it a deceptive act for a supplier to indicate that it has a sponsorship, approval, license, certification or affiliation it 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: Utah Code 13-11-4(2)(i) ("indicates that the supplier has a sponsorship, approval, license, certification, or affiliation the supplier 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.
Utah Code 13-11-4 · Needs counsel review
What the checker flags with Utah selected
Sample wording we wrote, run through the engine with Utah selected. Only samples where a Utah 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-UTS-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.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the Utah 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 Utah rules for any industry are on the Utah page.
Next step
Check your Utah clinic copy
Select Utah in the checker and every flag cites the rule and source listed above.