Idaho healthcare advertising rules the checker applies

Rules for Idaho

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

   Idaho makes it a ground for discipline for a physician to willfully and intentionally represent that a manifestly incurable disease or condition can be permanently cured. A dentist may also not make false or misleading statements about skill or method, or advertise evidence of cures.

   Source: Idaho Code 54-1814(16) ("can be permanently cured"); Idaho Code 54-924(4)(a) ("any fraudulent, false, or misleading statement as to his own")

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

   Idaho Code 54-1814, Idaho Code 54-924 · Needs counsel review

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

   Idaho makes it a ground for discipline for a physician to divide or split fees or gifts for professional services with any person, institution or corporation in exchange for referral, or to give or receive rebates directly or indirectly.

   Source: Idaho Code 54-1814(8) ("in exchange for referral"); Idaho Code 54-1814(9) ("Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly")

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

   Idaho Code 54-1814 · Needs counsel review

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

   Idaho makes it a ground for discipline for a dentist to claim superiority over other dentists, and for a physician to advertise the practice of medicine in an unethical or unprofessional manner.

   Source: Idaho Code 54-924(4)(c) ("Claim superiority over other dentists"); Idaho Code 54-1814(4) ("in any unethical or unprofessional manner")

   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.

   Idaho Code 54-1814, Idaho Code 54-924 · Needs counsel review

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

   Idaho makes it a ground for discipline for a dentist to claim to practice dentistry without causing pain.

   Source: Idaho Code 54-924(4)(b) ("Claim to practice dentistry without causing pain")

   Safer wording: Describe the comfort options you offer (numbing, sedation) without promising that care is painless.

   Idaho Code 54-924 · Needs counsel review

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

   Idaho's Consumer Protection Act makes it unlawful to represent that services have benefits or characteristics they do not have, and to engage in any act or practice that is misleading, false or deceptive to the consumer. Absolute outcome and safety promises are hard to substantiate. A dentist may also not make false or misleading statements about skill or method of practice.

   Source: Idaho Code 48-603(5) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have"); Idaho Code 48-603(17) ("Engaging in any act or practice that is otherwise misleading, false, or deceptive to the consumer")

   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.

   Idaho Code 48-603 · Needs counsel review

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

   Idaho's Consumer Protection Act makes it unlawful to make false or misleading statements of fact about the reasons for, existence of, or amounts of price reductions, and to advertise services with intent not to sell them as advertised.

   Source: Idaho Code 48-603(11) ("Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions"); Idaho Code 48-603(9) ("Advertising goods or services with intent not to sell them as advertised")

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

   Idaho Code 48-603 · Needs counsel review

7. CG-IDS-007 · Warns · Citation checked against stored text

   Idaho's Consumer Protection Act makes it unlawful to cause likelihood of confusion or misunderstanding as to the sponsorship, approval or certification of services, or as to affiliation with or certification by another.

   Source: Idaho Code 48-603(2) ("Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services")

   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.

   Idaho Code 48-603 · Needs counsel review