Kansas healthcare advertising rules the checker applies

Rules for Kansas

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

   Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements. The Consumer Protection Act also requires a supplier to have a reasonable basis for any claim about the benefits or characteristics of services, and absolute outcome and safety promises rarely have one.

   Source: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(F) ("unless the supplier relied upon and possesses a reasonable basis for making such representation")

   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.

   K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review

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

   Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements, and the Consumer Protection Act requires a supplier to hold the proof it represents exists for a claimed benefit. Cure and miracle claims seldom meet that standard.

   Source: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(G) ("has been proven or otherwise substantiated unless the supplier relied upon and possesses the type and amount of proof or substantiation represented to exist")

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

   K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review

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

   Kansas makes it a ground for action against a dentist's license to divide fees, or agree to split fees, with any person for bringing or referring a patient without the patient's knowledge, with limited exceptions for partnerships, employment and dental franchisors.

   Source: K.S.A. 65-1436(a)(7) ("engaged in the division of fees, or agreed to split or divide the fee received for dental service 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.

   K.S.A. 65-1436 · Needs counsel review

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

   Kansas makes it a ground for discipline of a healing arts licensee to use fraudulent or false advertisements, and the Consumer Protection 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: K.S.A. 65-2836(d) ("The licensee has used fraudulent or false advertisements"); K.S.A. 50-626(b)(1)(D) ("property or services are of particular standard, quality, grade, style or model")

   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.

   K.S.A. 65-2836, K.S.A. 50-626 · Needs counsel review

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

   Kansas's Consumer Protection Act makes it a deceptive act to make false or misleading representations of fact about the reason for, existence of or amounts of price reductions, or about the price compared with one's own prior price.

   Source: K.S.A. 50-626(b)(7) ("making false or misleading representations, knowingly or with reason to know, of fact concerning the reason 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.

   K.S.A. 50-626 · Needs counsel review

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

   Kansas's Consumer Protection Act makes it a deceptive act to represent that a supplier has a sponsorship, approval, status, affiliation or connection it does not have, or that services have approval they do not have.

   Source: K.S.A. 50-626(b)(1)(B) ("the supplier has a sponsorship, approval, status, affiliation or connection that the supplier 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.

   K.S.A. 50-626 · Needs counsel review