Florida healthcare advertising rules the checker applies

Rules for Florida

1. CG-FLA-001 · Blocks approval · Citation checked against stored text

   Florida requires a specific capital-letter notice about the patient right to refuse or cancel payment for follow-on care in any ad from a licensed practitioner that offers a free exam, service or treatment. No such notice appears in this copy.

   Source: Fla. Stat. 456.062 (ads for free, discounted or reduced fee services by licensed health care practitioners must carry a stated notice)

   Safer wording: If a Florida-licensed practitioner is running this ad, add the notice the statute prescribes in clearly distinguishable capital letters, or drop the free offer. Have counsel confirm the exact wording and whether your practitioner type is covered.

   Fla. Stat. 456.062 · Needs counsel review

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

   Florida requires a specific capital-letter notice about the patient right to refuse or cancel payment for follow-on care in any ad from a licensed practitioner that offers a discounted or reduced fee exam, service or treatment. No such notice appears in this copy.

   Source: Fla. Stat. 456.062 (ads for free, discounted or reduced fee services by licensed health care practitioners must carry a stated notice)

   Safer wording: If a Florida-licensed practitioner is running this ad, add the prescribed notice in clearly distinguishable capital letters, or remove the price promotion. Have counsel confirm the exact wording.

   Fla. Stat. 456.062 · Needs counsel review

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

   Florida makes it unlawful to offer or pay a benefit, bonus, rebate or similar inducement, in cash or in kind, to induce the referral of a patient to a health care provider. Rewarding patients for referring others can fall inside that. The statute has exceptions, so this is a warning.

   Source: Fla. Stat. 817.505 (patient brokering), and Fla. Stat. 456.054 (kickbacks for referring patients)

   Safer wording: Remove cash, gift card, credit or discount rewards for referring patients. A plain tell-a-friend line with no benefit is lower risk. Counsel should review any referral program.

   Fla. Stat. 456.054, Fla. Stat. 817.505 · Needs counsel review

4. CG-FLA-004 · Blocks approval · Citation checked against stored text

   Florida makes it unlawful to pay or receive a commission, bonus, rebate, kickback or split fee for referring patients to a health care provider or facility.

   Source: Fla. Stat. 817.505 (patient brokering), and Fla. Stat. 456.054 (kickbacks prohibited)

   Safer wording: Do not advertise payments per patient or lead sent to a provider. Pay marketing vendors a flat fee set in advance for services, and get counsel to approve the arrangement.

   Fla. Stat. 456.054, Fla. Stat. 817.505 · Needs counsel review

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

   Florida telephone solicitation law treats a text or call consent as valid only with a conspicuous disclosure that signing is not a condition of buying. Copy that makes marketing-text consent a requirement to book or buy conflicts with that.

   Source: Fla. Stat. 501.059 (prior express written consent for automated telephonic sales calls and texts)

   Safer wording: Make marketing-text consent a separate, optional checkbox and state that agreeing is not required to purchase or book.

   Fla. Stat. 501.059 · Needs counsel review

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

   Florida makes false, deceptive or misleading advertising by a physician grounds for discipline. Guaranteed-result claims are a common form of misleading health advertising. The statute does not define the term, so this rule is a warning.

   Source: Fla. Stat. 458.331 (false, deceptive or misleading advertising as grounds for discipline of physicians)

   Safer wording: Remove the guarantee. Say what the treatment is, who it is for, and that individual results vary.

   Fla. Stat. 458.331 · Needs counsel review