Alabama healthcare advertising rules the checker applies

Rules for Alabama

1. CG-ALS-001 · Warns · Citation checked against stored text

   Alabama treats knowingly making a false, deceptive or misleading statement in an advertisement or commercial solicitation for professional services as unprofessional conduct by a physician. Guaranteed results and no-risk claims are the standard examples.

   Source: Ala. Admin. Code r. 545-X-4-.06(7) ("Knowingly making a false, deceptive or misleading statement in any advertisement or commercial solicitation for professional services")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or say there is no risk.

   545-X-4-.06, Ala. Admin. Code r. 545-X-4-.06 · Needs counsel review

2. CG-ALS-002 · Warns · Citation checked against stored text

   Alabama treats representing that a manifestly incurable disease can be cured, or that any ailment can be cured by a secret method, as unprofessional conduct by a physician.

   Source: Ala. Admin. Code r. 545-X-4-.06(14) ("Representing that a manifestly incurable disease or infirmity can be cured")

   Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure or rely on a secret method.

   545-X-4-.06, Ala. Admin. Code r. 545-X-4-.06 · Needs counsel review

3. CG-ALS-003 · Warns · Citation checked against stored text

   Alabama lets the Medical Licensure Commission discipline a physician for untruthful, deceptive or improbable statements about the effects or results of a proposed treatment. Fast, specific results promises are the usual example.

   Source: Ala. Code 34-24-360(7) ("Use of any untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of his or her proposed treatment")

   Safer wording: Describe typical results with a source and a range, and say results vary. Do not promise a speed or amount of improvement.

   Ala. Code 34-24-360 · Needs counsel review

4. CG-ALS-004 · Warns · Citation checked against stored text

   Alabama lets the Medical Licensure Commission discipline a physician who divides or splits fees with a person for bringing or referring a patient.

   Source: Ala. Code 34-24-360(10) ("Division of fees or agreement to split or divide the fees received for professional services with any person for bringing or referring a patient")

   Safer wording: Remove payment for patient referrals and fee-sharing offers from recruiting or partnership copy, and have counsel review the arrangement.

   Ala. Code 34-24-360 · Needs counsel review

5. CG-ALS-005 · Warns · Citation checked against stored text

   Alabama declares it unlawful in trade to cause confusion about the sponsorship, approval or certification of services, or to claim an approval or affiliation the business does not have.

   Source: Ala. Code 8-19-5(2) ("Causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services")

   Safer wording: Claim an endorsement or approval only if you hold it, and link to the proof. Say what the agency actually approved.

   Ala. Code 8-19-5 · Needs counsel review