State rules / LA
Louisiana healthcare advertising rules the checker applies
5 rules drawn from Louisiana statutes and regulations on health care advertising. Tick Louisiana in the checker and these run alongside the federal rules.
Rules for Louisiana
CG-LAS-001 · Warns · Citation checked against stored text
Louisiana lets the medical board discipline a physician whose advertising is fraudulent, false, deceptive or misleading. Guaranteed results and no-risk claims are the standard examples.
Source: La. R.S. 37:1285(A)(7) ("which is fraudulent, false, deceptive, or misleading")
Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or say there is no risk.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
CG-LAS-002 · Warns · Citation checked against stored text
Louisiana allows a physician to say he or she is board certified only if the ad gives the full name of the board and the specialty, and the board is an ABMS or AOA board, board-approved, or requires ACGME-approved training.
Source: La. R.S. 37:1285(A)(32) ("Holding oneself out to the public in any manner as being certified by a public or private board")
Safer wording: Name the full certifying board and the specialty, for example "Board certified in cardiology by the American Board of Internal Medicine," and make sure the board qualifies.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
CG-LAS-003 · Warns · Citation checked against stored text
Louisiana lets the medical board discipline a physician who solicits, accepts or receives anything of economic value in return for referring patients.
Source: La. R.S. 37:1285(A)(19) ("Soliciting, accepting, or receiving anything of economic value in return for and based on the referral of patients to another person, firm, or corporation")
Safer wording: Remove payment for patient referrals aimed at physicians or referral sources. Counsel should review any referral reward program.
La. R.S. 37:1285, R.S. 37:1285 · Needs counsel review
CG-LAS-004 · Blocks approval · Citation checked against stored text
Louisiana bars offering or paying any remuneration, including kickbacks, bribes and rebates, in return for referrals tied to Medicaid-paid services, or paying a Medicaid recipient for the services. Gift cards or cash for Medicaid patients can read as that.
Source: La. R.S. 46:438.2(A) ("No person shall solicit, receive, offer, or pay any remuneration, including but not limited to kickbacks, bribes, rebates")
Safer wording: Drop gifts, cash or rewards aimed at Medicaid patients or tied to Medicaid referrals. Have counsel review before offering any incentive.
La. R.S. 46:438.2, R.S. 46:438.2 · Needs counsel review
CG-LAS-005 · Warns · Citation checked against stored text
Louisiana declares unfair or deceptive acts in trade or commerce unlawful. Telling consumers a product or service cures a serious disease is a deceptive claim unless proven.
Source: La. R.S. 51:1405(A) ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful")
Safer wording: Say what the service is for and what it can support, with a source. Do not claim a cure.
La. R.S. 51:1405, R.S. 51:1405 · Needs counsel review
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