Hawaii healthcare advertising rules the checker applies

Rules for Hawaii

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

   Hawaii lets the medical board discipline a physician for false, fraudulent or deceptive advertising, and names assuring a permanent cure for an incurable disease as an example.

   Source: HRS 453-8(a)(3)(B) ("Assuring a permanent cure for an incurable disease")

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

   HRS 453-8, HRS 453-8(a) · Needs counsel review

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

   Hawaii treats excessive claims of expertise in medical specialty fields as false, fraudulent or deceptive advertising by a physician.

   Source: HRS 453-8(a)(3)(A) ("Making excessive claims of expertise in one or more medical specialty fields")

   Safer wording: State training, board certification and years of experience that can be checked. Avoid best-in-the-state or all-specialty claims.

   HRS 453-8, HRS 453-8(a) · Needs counsel review

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

   Hawaii lets the medical board discipline a physician who employs any person to solicit patients for himself or herself.

   Source: HRS 453-8(a)(2) ("Employing any person to solicit patients for")

   Safer wording: Do not recruit or pay people to bring in patients for a physician. Counsel should review any outreach role.

   HRS 453-8, HRS 453-8(a) · Needs counsel review

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

   Hawaii declares unfair or deceptive acts or practices in trade or commerce unlawful. Telling consumers a health treatment has no risk or no side effects is the kind of claim that misleads.

   Source: HRS 480-2(a) ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful")

   Safer wording: State the main risks plainly or point to where they are explained.

   HRS 480-2 · Needs counsel review

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

   Hawaii makes it a deceptive trade practice to cause likely confusion about the sponsorship, approval or certification of services, or to claim an approval or affiliation the business does not have.

   Source: HRS 481A-3(a)(2) ("Causes likelihood of confusion or of 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.

   HRS 481A-3 · Needs counsel review