Clinics and medical practices / West Virginia
West Virginia adds 5 state rules for clinics and medical practices
West Virginia adds 5 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 5 warn. The rules cite W. Va. Code 30-4-19 and W. Va. Code 46A-6-102. Of the 44 states with a page for this industry, it has the 15th most rules.
What West Virginia adds
These are the West Virginia rules whose wording is about licensed practitioners, boards and clinics. They run when West Virginia is selected in the checker.
CG-WVS-001 · Warns · Citation checked against stored text
West Virginia presumes it is unprofessional conduct for a dentist to advertise professional superiority or the performance of professional services in a superior manner.
Source: W. Va. Code 30-4-19(g)(12)(K) ("Advertising professional superiority or the performance of professional services in a superior manner")
Safer wording: State verifiable facts such as training, certifications and years in practice. Do not rank the practice or practitioner against others unless you can substantiate the ranking and name its source.
W. Va. Code 30-4-19 · Needs counsel review
CG-WVS-002 · Warns · Citation checked against stored text
West Virginia presumes it is unprofessional conduct for a dentist to advertise to practice dentistry or perform any operation without causing pain.
Source: W. Va. Code 30-4-19(g)(12)(J) ("Advertising to practice dentistry or perform any operation thereunder without causing pain")
Safer wording: Describe the comfort options you offer (numbing, sedation) without promising that care is painless.
W. Va. Code 30-4-19 · Needs counsel review
CG-WVS-003 · Warns · Citation checked against stored text
West Virginia presumes it is unprofessional conduct for a dentist to make use of any advertising relating to the use of any drug or medicine of unknown formula.
Source: W. Va. Code 30-4-19(g)(12)(I) ("Making use of any advertising relating to the use of any drug or medicine of unknown formula")
Safer wording: Name each drug or anesthetic used, as it is actually used, and describe it accurately.
W. Va. Code 30-4-19 · Needs counsel review
CG-WVS-004 · Warns · Citation checked against stored text
West Virginia lets the Board of Dentistry discipline a dentist who holds himself or herself out as a specialist, or as limiting practice to a branch of dentistry, without first meeting the board's requirements and holding the board's certificate of qualification in the specialty.
Source: W. Va. Code 30-4-19(g)(17) ("Announcing or otherwise holding himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry")
Safer wording: Only announce a specialty if the dentist holds the board's certificate of qualification in it, and say whether each dentist is a general dentist or a specialist.
W. Va. Code 30-4-19 · Needs counsel review
CG-WVS-005 · Warns · Citation checked against stored text
West Virginia presumes it is unprofessional conduct for a dentist to advertise to guarantee any dental service or to advertise in any manner that is false or misleading in any material respect. The Consumer Credit and Protection Act also bars representing that services have benefits or characteristics they do not have, and any false promise in advertising.
Source: W. Va. Code 30-4-19(g)(12)(L) ("Advertising to guarantee any dental service"); W. Va. Code 30-4-19(g)(12)(M) ("Advertising in any manner that is false or misleading in any material respect"); W. Va. Code 46A-6-102(7)(E) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or a lack of risk or side effects.
W. Va. Code 30-4-19, W. Va. Code 46A-6-102 · Needs counsel review
What the checker flags with West Virginia selected
Sample wording we wrote, run through the engine with West Virginia selected. Only samples where a West Virginia 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-WVS-005, 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-TRH-001Also matches CG-SUP-004, CG-WVS-001Unsubstantiated 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 West Virginia 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 West Virginia rules for any industry are on the West Virginia page.
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