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Clinics and medical practices / Washington

Washington adds 4 state rules for clinics and medical practices

Washington adds 4 rules to the 109 federal ones the checker already matches to clinics and medical practices. 1 block approval and 3 warn. The rules cite RCW 18.130.180, RCW 19.373.080 and RCW 19.68.010. Of the 44 states with a page for this industry, it has the 33rd most rules.

What Washington adds

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

  1. CG-WAS-005 · Blocks approval · Citation checked against stored text

    Washington makes it unlawful to set a geofence around an in-person health care provider to track people, collect health data, or send them ads about health or health care.

    Source: RCW 19.373.080 - geofence around in-person health care entities used for tracking, data collection or ads is unlawful

    Safer wording: Remove geofencing around health care facilities from campaign targeting and copy. Target by interest or general area instead, with counsel review.

    RCW 19.373.080 · Needs counsel review

  2. CG-WAS-001 · Warns · Citation checked against stored text

    Washington treats false, fraudulent or misleading advertising by a licensed health professional as unprofessional conduct. Absolute outcome promises are the classic example.

    Source: RCW 18.130.180(3) - advertising that is false, fraudulent or misleading is unprofessional conduct for licensed providers

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

    RCW 18.130.180 · Needs counsel review

  3. CG-WAS-002 · Warns · Citation checked against stored text

    Claiming a health service has no risk is likely to mislead. Washington bars deceptive acts in trade and, for licensed providers, misleading advertising.

    Source: RCW 19.86.020 - unfair or deceptive acts in trade or commerce are unlawful; see also RCW 18.130.180(3)

    Safer wording: State the main risks plainly or point to where they are explained.

    RCW 18.130.180, RCW 19.86.020 · Needs counsel review

  4. CG-WAS-003 · Warns · Citation checked against stored text

    Washington makes it unlawful to pay or accept a rebate, commission or other consideration tied to referring patients, where a licensed practitioner is involved.

    Source: RCW 19.68.010(1) - rebates and commissions for referring patients to or from licensed practitioners are unlawful

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

    RCW 19.68.010 · Needs counsel review

What the checker flags with Washington selected

Sample wording we wrote, run through the engine with Washington selected. Only samples where a Washington 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-WAS-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.

The federal rules that still apply

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

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