Clinics and medical practices / Wisconsin
Wisconsin adds 6 state rules for clinics and medical practices
Wisconsin adds 6 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 6 warn. The rules cite Wis. Admin. Code Chir 6.02 and Wis. Admin. Code Med 10.03. Of the 44 states with a page for this industry, it has the 7th most rules.
What Wisconsin adds
These are the Wisconsin rules whose wording is about licensed practitioners, boards and clinics. They run when Wisconsin is selected in the checker.
CG-WIS-001 · Warns · Citation checked against stored text
Wisconsin lists false, misleading or deceptive advertising as unprofessional conduct for physicians. Absolute cure and outcome promises are the standard example of an ad that misleads.
Source: Wis. Admin. Code Med 10.03(1)(k) ("Engaging in false, misleading, or deceptive advertising")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.
Wis. Admin. Code Med 10.03 · Needs counsel review
CG-WIS-003 · Warns · Citation checked against stored text
Wisconsin treats a chiropractic advertisement that is intended to or likely to create false or unjustified expectations of favorable results as false, deceptive or misleading. A guarantee of relief or results sets that expectation.
Source: Wis. Admin. Code Chir 6.02(15)(c) ("Is intended to or is likely to create false or unjustified expectations of favorable results")
Safer wording: Describe the care offered and note that results vary. Do not guarantee relief.
Wis. Admin. Code Chir 6.02 · Needs counsel review
CG-WIS-004 · Warns · Citation checked against stored text
Wisconsin treats a chiropractic advertisement that implies the services will result in emotional or spiritual benefits as false, deceptive or misleading.
Source: Wis. Admin. Code Chir 6.02(15)(i) ("Implies that the chiropractic services provided will result in emotional or spiritual benefits")
Safer wording: Limit chiropractic claims to the musculoskeletal care the practice provides. Do not promise emotional or spiritual results.
Wis. Admin. Code Chir 6.02 · Needs counsel review
CG-WIS-005 · Warns · Citation checked against stored text
Wisconsin treats a chiropractic advertisement that refers to or implies specialization or certification in a specialty as false, deceptive or misleading unless the chiropractor meets the postgraduate or program requirements in the rule.
Source: Wis. Admin. Code Chir 6.02(15)(f) ("Includes reference to or implies specialization or certification in an area of specialty other than nutritional counseling")
Safer wording: Use a specialty title only if the chiropractor holds the qualifications the rule requires, and keep proof on file. Otherwise say chiropractor.
Wis. Admin. Code Chir 6.02 · Needs counsel review
CG-WIS-006 · Warns · Citation checked against stored text
Wisconsin lists giving or receiving a fee, commission, rebate or other compensation for professional services not actually and personally rendered as physician unprofessional conduct. Paying for patient referrals fits that description.
Source: Wis. Admin. Code Med 10.03(1)(h) ("Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered")
Safer wording: Remove payment for referrals aimed at physicians or patient brokers. Counsel should review any patient referral reward.
Wis. Admin. Code Med 10.03 · Needs counsel review
CG-WIS-007 · Warns · Citation checked against stored text
Wisconsin lists uninvited in-person solicitation of patients who may be vulnerable to undue influence as physician unprofessional conduct. Copy that describes uninvited visits to sign up patients describes that practice.
Source: Wis. Admin. Code Med 10.03(1)(j) ("Engaging in uninvited in-person solicitation of actual or potential patients")
Safer wording: Let patients come to you. Use opt-in channels instead of unannounced visits to people who are ill or newly injured.
Wis. Admin. Code Med 10.03 · Needs counsel review
What the checker flags with Wisconsin selected
Sample wording we wrote, run through the engine with Wisconsin selected. Only samples where a Wisconsin 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-WIS-001, CG-WIS-003, 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 Wisconsin 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 Wisconsin rules for any industry are on the Wisconsin page.
Next step
Check your Wisconsin clinic copy
Select Wisconsin in the checker and every flag cites the rule and source listed above.