Arizona healthcare advertising rules the checker applies

Rules for Arizona

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

   Arizona makes it unprofessional conduct for physicians to say an incurable disease can be permanently cured, or that any ailment can be cured by a secret method, and for osteopathic physicians to say a curable ailment can be cured within a stated time when that is not true. Arizona dentists may not offer to cure a condition by a secret means.

   Source: A.R.S. 32-1401(27)(n) ("Representing that a manifestly incurable disease or infirmity can be permanently cured"); A.R.S. 32-1854(11) ("a curable disease, injury, ailment or infirmity can be cured within a stated time")

   Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a permanent cure or a cure time.

   A.R.S. 32-1401, A.R.S. 32-1854 · Needs counsel review

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

   Arizona makes it unprofessional conduct for a doctor of medicine, or the doctor''s staff or representative, to claim board certification without supplying the full name of the agency or organization that granted it. The claim must also be true and current.

   Source: A.R.S. 32-1401(27)(nn) ("without supplying the full name of the specific agency, organization or entity granting this standing")

   Safer wording: Name the certifying board in full, for example "board certified by the American Board of Internal Medicine", and only if the certification is current.

   A.R.S. 32-1401 · Needs counsel review

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

   Arizona makes it unprofessional conduct for a physician to divide a professional fee for patient referrals among providers or institutions, and for a dentist to offer, provide or receive consideration for patient referrals among dental providers. Chiropractors may not give or receive rebates.

   Source: A.R.S. 32-1401(27)(v) ("dividing a professional fee for patient referrals among health care providers or health care institutions"); A.R.S. 32-1201.01 ("offering, providing or receiving any consideration for patient referrals among or between dental care providers")

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

   A.R.S. 32-1401, A.R.S. 32-1201.01 · Needs counsel review

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

   Arizona makes it a ground for discipline for a chiropractor to advertise chiropractic services, tests or x-ray examinations as free without also disclosing what services or items are included.

   Source: A.R.S. 32-924(A)(25) ("as free without also disclosing what services or items are included in the advertised service or item")

   Safer wording: If the offer is real, state exactly what the free service includes and what costs extra, in the same ad.

   A.R.S. 32-924 · Needs counsel review

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

   Arizona makes it a ground for discipline for a chiropractor to advertise services, tests or x-ray examinations for a specified price without also specifying the services, procedures or items included in that price.

   Source: A.R.S. 32-924(A)(24) ("for a specified price without also specifying the services, procedures or items included in the advertised price")

   Safer wording: List what the price includes (for example exam, x-rays, one adjustment) and what is billed separately.

   A.R.S. 32-924 · Needs counsel review

6. CG-AZS-006 · Warns · Citation checked against stored text

   Arizona''s Consumer Fraud Act makes any deception, false promise or misrepresentation in connection with the advertisement of merchandise unlawful, whether or not anyone was actually misled. Absolute outcome and safety promises are the classic false promise.

   Source: A.R.S. 44-1522(A) ("any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation")

   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 side effects.

   A.R.S. 44-1522 · Needs counsel review