District of Columbia healthcare advertising rules the checker applies

Rules for District of Columbia

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

   The District lets a health occupations board discipline a licensee who makes a false or misleading statement regarding skill or the efficacy or value of a medicine, treatment or remedy. Cure and miracle claims are the standard example.

   Source: D.C. Code 3-1205.14(a)(40) ("Makes a false or misleading statement regarding his or her skill or the efficacy or value of a medicine, treatment, or remedy")

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

   D.C. Code 3-1205.14 · Needs counsel review

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

   The District lets a health occupations board discipline a licensee who makes a false or misleading statement about the efficacy of a treatment, and the Consumer Protection Procedures Act bars representing that services have benefits or characteristics they do not have, whether or not any consumer is in fact misled.

   Source: D.C. Code 3-1205.14(a)(40) ("false or misleading statement regarding his or her skill or the efficacy or value of a medicine, treatment, or remedy"); D.C. Code 28-3904(a)(1) ("Represent that goods or services have a source, sponsorship, approval, certification, licensure, accessories, 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.

   D.C. Code 3-1205.14, D.C. Code 28-3904 · Needs counsel review

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

   The District lets a health occupations board discipline a licensee who pays or agrees to pay anything of value to, or splits fees for professional services with, any person for bringing or referring a patient.

   Source: D.C. Code 3-1205.14(a)(14) ("Pays or agrees to pay anything of value to, or to split or divide fees for professional services with, any person for bringing or referring a patient")

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

   D.C. Code 3-1205.14 · Needs counsel review

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

   The District's Consumer Protection Procedures Act bars representing that services are of a particular standard, quality or grade when they are of another. Unqualified superiority claims cannot be verified.

   Source: D.C. Code 28-3904(a)(4) ("Represent that goods or services are of particular standard, quality, grade, style, or model, if in fact they are of another")

   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.

   D.C. Code 28-3904 · Needs counsel review

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

   The District's Consumer Protection Procedures Act makes it a violation to make false or misleading representations of fact about the reasons for, existence of or amounts of price reductions, or about the price compared with one's own price.

   Source: D.C. Code 28-3904(a)(13) ("Make false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions")

   Safer wording: Only advertise a reduction if the earlier price was genuinely charged, state the dates the offer runs, and honor the advertised price.

   D.C. Code 28-3904 · Needs counsel review

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

   The District's Consumer Protection Procedures Act makes it a violation to represent that a person has a sponsorship, approval, status, affiliation, certification, licensure or connection the person does not have.

   Source: D.C. Code 28-3904(a)(2) ("Represent that the person has a sponsorship, approval, status, affiliation, certification, licensure, or connection that the person does not have")

   Safer wording: Claim government or professional-body approval or endorsement only if it exists, and say exactly what was approved (for example a specific drug or device) rather than the service or practice.

   D.C. Code 28-3904 · Needs counsel review