Kentucky healthcare advertising rules the checker applies

Rules for Kentucky

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

   Kentucky counts grossly improbable or extravagant statements that tend to deceive the public as unprofessional conduct for a licensed physician. Guaranteed-cure and miracle claims are the usual form. This reaches licensees and the text leaves room for argument, so it is a warning.

   Source: KRS 311.597(2) ("grossly improbable or extravagant statements are made which have a tendency to deceive or defraud the public")

   Safer wording: Say what the treatment involves and who it is for, cite a source for any outcome data, and state that results vary by patient.

   KRS 311.597 · Needs counsel review

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

   Kentucky lists a licensee claiming to cure or treat diseases by a method with little or no therapeutic value as unprofessional conduct. Cure-all claims are the clearest example, because no single treatment cures every disease.

   Source: KRS 311.597(2)(a) ("claims that he can cure or treat diseases, ailments, or infirmities by any method, procedure, treatment, or medicine which the licensee knows or has reason to know has little or no therapeutic value")

   Safer wording: Name the specific condition the treatment is studied for and cite the evidence. Do not suggest it works for everything.

   KRS 311.597 · Needs counsel review

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

   Kentucky says an online or telephone evaluation by questionnaire is inadequate for the initial evaluation of a patient before prescribing. Ads that promise a prescription from a questionnaire alone advertise that conduct.

   Source: KRS 311.597(1)(e) ("an electronic, on-line, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient")

   Safer wording: Describe the real visit, such as a video or in-person exam by a licensed prescriber, and drop wording that makes a questionnaire the whole evaluation.

   KRS 311.597 · Needs counsel review

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

   For Medicaid patients Kentucky bars a provider from knowingly making, offering or receiving a payment, rebate of a fee or charge for referring a recipient to another provider, and from taking a kickback. Offers of referral fees in recruiting or partner copy are the ad form of this.

   Source: KRS 205.8461(2)(a) ("shall knowingly make, offer, or receive a payment, a rebate of a fee, or a charge for referring a recipient to another provider")

   Safer wording: Remove payment for referrals from the copy and have counsel review any patient referral reward, especially if Medicaid patients are involved.

   KRS 205.8461 · Needs counsel review

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

   Kentucky declares unfair, false, misleading or deceptive acts in trade or commerce unlawful. Telling people a treatment has no side effects or no risk is likely to mislead.

   Source: KRS 367.170(1) ("Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful")

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

   KRS 367.170 · Needs counsel review

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

   Kentucky bars a controller of consumer data from processing sensitive data, which includes health information, without the consumer consent. Copy saying health data is sold or shared with advertisers describes that processing. The law has exemptions for HIPAA-covered data, so counsel should confirm it applies.

   Source: KRS 367.3617(1)(e) ("process sensitive data concerning a consumer without obtaining the")

   Safer wording: Say health information is used only with the person consent, or remove the statement and fix the practice.

   KRS 367.3617 · Needs counsel review