Minnesota healthcare advertising rules the checker applies

Rules for Minnesota

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

   Minnesota lets the medical board discipline a physician for advertising that claims, without substantiation, the positive cure of any disease.

   Source: Minn. Stat. 147.091, subd. 1(e) ("claims without substantiation the positive cure of any disease")

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

   Minn. Stat. 147.091 · Needs counsel review

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

   Minnesota lets the medical board discipline a physician for advertising that claims, without substantiation, professional superiority to or greater skill than another physician.

   Source: Minn. Stat. 147.091, subd. 1(e) ("professional superiority to or greater skill than that possessed by another physician")

   Safer wording: State training, board certification and experience that can be checked. If you cite a ranking or award, name the source and year.

   Minn. Stat. 147.091 · Needs counsel review

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

   Minnesota defines fee splitting as unprofessional conduct for a physician, including dividing fees with another physician unless the split matches the services and responsibility of each and is disclosed.

   Source: Minn. Stat. 147.091, subd. 1(p) ("dividing fees with another physician or a professional corporation")

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

   Minn. Stat. 147.091 · Needs counsel review

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

   Minnesota makes it a misdemeanor to publish an advertisement with a material statement of fact that is untrue, deceptive or misleading, and treats representing that services have benefits they do not have as a deceptive trade practice. Absolute outcome and safety promises are the classic example.

   Source: Minn. Stat. 325F.67 ("which advertisement contains any material assertion, representation, or statement of fact which is untrue, deceptive, or misleading"); Minn. Stat. 325D.44, subd. 1(5) ("represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have")

   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 side effects.

   Minn. Stat. 325F.67, Minn. Stat. 325D.44 · Needs counsel review

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

   Minnesota bars a seller from giving a rebate or discount to a buyer in return for the names of prospective purchasers, when earning the reward depends on something that happens after the buyer agrees to buy. Referral-reward ads that pay out once a friend buys fit that description. Whether it reaches health services as well as merchandise is arguable.

   Source: Minn. Stat. 325F.69, subd. 2(1) ("the names of prospective purchasers or lessees")

   Safer wording: Have counsel review the referral reward before running it. A flat thank-you with no dependence on the friend later buying is safer, and patient referral rewards raise separate federal issues.

   Minn. Stat. 325F.69 · Needs counsel review

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

   Minnesota defines paying, offering or receiving a commission, rebate or remuneration primarily for referring patients as fee splitting by a physician, and applies the federal anti-kickback restrictions to everyone in the state.

   Source: Minn. Stat. 147.091, subd. 1(p) ("a commission, rebate, or remuneration, directly or indirectly, primarily for the referral of patients"); Minn. Stat. 62J.23, subd. 2 ("apply to all persons in the state, regardless of whether the person participates in any state health care program")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers and have counsel review any referral arrangement.

   Minn. Stat. 147.091, Minn. Stat. 62J.23 · Needs counsel review