Colorado healthcare advertising rules the checker applies

Rules for Colorado

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

   Colorado treats unethical advertising by a chiropractor as grounds for discipline, and defines it to include advertising that holds out or promises cures or guarantees results.

   Source: C.R.S. 12-215-115(5)(b) ("Holds out or promises cures or guarantees results")

   Safer wording: Describe the care offered and what patients have typically experienced, with a source, and say results vary. Do not promise a cure or a result.

   C.R.S. 12-215-115 · Needs counsel review

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

   Colorado makes it a deceptive trade practice to advertise that goods or services are guaranteed without clearly and conspicuously disclosing the nature and extent of the guarantee and its material conditions.

   Source: C.R.S. 6-1-105(1)(r) ("clearly and conspicuously disclosing the nature and extent of the guarantee")

   Safer wording: State the terms of any guarantee in the same ad, meaning what is guaranteed, the conditions, the period, and who honors it.

   C.R.S. 6-1-105 · Needs counsel review

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

   Colorado makes a false representation about the characteristics, uses or benefits of services a deceptive trade practice, and treats advertising by a physician in a manner that is misleading, deceptive, or false as unprofessional conduct. Absolute outcome and safety promises are the classic false representation.

   Source: C.R.S. 6-1-105(1)(e) ("makes a false representation as to the characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property"); C.R.S. 12-240-121(1)(z) ("Advertising in a manner that is misleading, deceptive, or false")

   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.

   C.R.S. 12-240-121, C.R.S. 6-1-105 · Needs counsel review

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

   Colorado makes it grounds for discipline for a chiropractor to offer, give or receive commissions, rebates or other remuneration for referring clients. Paying an independent marketing agent for advertising services and giving an incidental thank-you gift to a patient are carved out.

   Source: C.R.S. 12-215-115(1)(r) ("Offering, giving, or receiving commissions, rebates, or other forms of remuneration for the referral of clients")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Pay marketing vendors for advertising services, not per patient, and have counsel review any referral reward.

   C.R.S. 12-215-115 · Needs counsel review