Missouri healthcare advertising rules the checker applies

Rules for Missouri

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

   Missouri lets the board discipline a physician for advertising that is false or misleading or that claims without substantiation the positive cure of any disease. Guaranteed cures and miracle results are claims of that kind.

   Source: RSMo 334.100.2(4)(r) ("claims without substantiation the positive cure of any disease")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a cure or a result.

   RSMo 334.100 · Needs counsel review

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

   Missouri lets the board discipline a physician for advertising that claims professional superiority to, or greater skill than, any other physician. Ranking one doctor above the rest makes that claim.

   Source: RSMo 334.100.2(4)(r) ("professional superiority to or greater skill than that possessed by any other physician")

   Safer wording: State training, board certification and years in practice. Do not rank the physician against other doctors unless a named, current third-party source supports it.

   RSMo 334.100 · Needs counsel review

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

   Missouri treats misrepresenting that any disease, ailment or infirmity can be cured by a method, procedure, treatment, medicine or device as misconduct for licensed practitioners. Ads that say a named disease is cured make that claim.

   Source: RSMo 334.100.2(4)(e) ("Misrepresenting that any disease, ailment or infirmity can be cured by a method, procedure, treatment, medicine or device")

   Safer wording: Say what the treatment is designed to manage or reduce, cite the evidence, and do not claim a cure.

   RSMo 334.100 · Needs counsel review

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

   Missouri lets the board discipline a licensee for soliciting patronage in a way that confuses, deceives or misleads the public about the need or necessity for health care services. Saying everyone needs a service overstates the need.

   Source: RSMo 334.100.2(16) ("as to the need or necessity for or appropriateness of health care services")

   Safer wording: Say who the service is for, such as people with a specific symptom, risk factor or doctor recommendation, and point to guidance.

   RSMo 334.100 · Needs counsel review

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

   Missouri bars knowingly offering, paying, soliciting or receiving any remuneration, including a kickback, bribe or rebate, to induce or in return for referring a person to a health care provider.

   Source: RSMo 191.905.3 ("No person shall knowingly offer or pay any remuneration, including any kickback, bribe, or rebate")

   Safer wording: Remove payment for referrals aimed at providers or patient brokers. Counsel should review any patient referral reward.

   RSMo 191.905 · Needs counsel review

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

   Missouri bars offering or paying any remuneration to induce a person to refer another person to a health care provider. A reward for sending a friend to a provider fits the text, so a patient referral program needs counsel review.

   Source: RSMo 191.905.3 ("to induce such person to refer another person to a health care provider")

   Safer wording: Drop cash or gift rewards for patient referrals and keep any thank-you non-monetary. Have counsel review the program.

   RSMo 191.905 · Needs counsel review

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

   Missouri declares unlawful any deception, false promise, misrepresentation or concealment of a material fact in connection with the sale or advertisement of any merchandise in trade or commerce. Saying a health service has no risk is a claim that is rarely true.

   Source: RSMo 407.020.1 ("any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact")

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

   RSMo 407.020 · Needs counsel review

8. CG-MOS-008 · Warns · Citation checked against stored text

   Missouri lists promises of cure, relief from pain or other physical or mental condition, or improved health as false, misleading or deceptive advertising for dentists. Missouri applies the same list to chiropractors.

   Source: RSMo 332.321.2(14)(a) ("Promises of cure, relief from pain or other physical or mental condition, or improved physical or mental health")

   Safer wording: Describe the care and what patients may experience. Do not promise relief or a pain-free visit.

   RSMo 332.321 · Needs counsel review

9. CG-MOS-009 · Warns · Citation checked against stored text

   Missouri lists a misleading or deceptive statement offering or promising a free service as false, misleading or deceptive dental advertising. A free service may be offered if it is announced as part of a full disclosure of routine fees, including consultation fees.

   Source: RSMo 332.321.2(14)(b) ("Any misleading or deceptive statement offering or promising a free service")

   Safer wording: Say exactly what is free and for whom, and disclose the routine fees, including consultation fees, in the same ad.

   RSMo 332.321 · Needs counsel review

10. CG-MOS-010 · Warns · Citation checked against stored text

    Missouri lists attracting patronage in a way that castigates, impugns, disparages, discredits or attacks other healing arts or other chiropractic physicians as false, misleading or deceptive advertising for chiropractors.

    Source: RSMo 331.060.2(14)(f) ("which castigates, impugns, disparages, discredits or attacks other healing arts and sciences or other chiropractic physicians")

    Safer wording: Describe what your practice does without running down other professions or other chiropractors.

    RSMo 331.060 · Needs counsel review