North Dakota healthcare advertising rules the checker applies

Rules for North Dakota

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

   North Dakota makes it a ground for disciplining a physician to represent to a patient that a manifestly incurable condition can be cured, and to advertise the practice of medicine in an untrue or deceptive manner.

   Source: N.D.C.C. 43-17-31(1)(l) ("The representation to a patient that a manifestly incurable condition, sickness, disease, or injury can be cured"); N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner")

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

   N.D.C.C. 43-17-31 · Needs counsel review

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

   North Dakota makes it a ground for disciplining a physician to advertise the practice of medicine in an untrue or deceptive manner. The consumer fraud statute also makes any false promise or misrepresentation in connection with the advertisement of merchandise, which includes services, an unlawful practice whether or not anyone was misled.

   Source: N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner"); N.D.C.C. 51-15-02 ("false pretense, false promise, or misrepresentation")

   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.

   N.D.C.C. 43-17-31, N.D.C.C. 51-15-02 · Needs counsel review

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

   North Dakota makes it a ground for disciplining a physician to advertise the practice of medicine in an untrue or deceptive manner. Unqualified claims to be the best or most experienced cannot be verified.

   Source: N.D.C.C. 43-17-31(1)(k) ("The advertising for the practice of medicine in an untrue or deceptive manner")

   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.

   N.D.C.C. 43-17-31 · Needs counsel review

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

   North Dakota makes it a ground for disciplining a physician to pay or receive, directly or indirectly, any fee, commission, rebate or other compensation for patient referrals. Lawful distributions of professional partnerships, corporations and associations are not affected.

   Source: N.D.C.C. 43-17-31(1)(r) ("The payment or receipt, directly or indirectly, of any fee, commission, rebate, or other compensation for medical services not actually or personally rendered, or for patient referrals")

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

   N.D.C.C. 43-17-31 · Needs counsel review

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

   North Dakota's consumer fraud statute makes any deceptive act, false pretense or misrepresentation in connection with the advertisement of merchandise, which includes services, an unlawful practice. A reference price never charged, or a discount that does not exist, is a deceptive price claim.

   Source: N.D.C.C. 51-15-02 ("in connection with the sale or advertisement of any merchandise")

   Safer wording: Only advertise a reduction if the earlier price was genuinely charged, state the dates the offer runs, and honor the advertised price.

   N.D.C.C. 51-15-02 · Needs counsel review

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

   North Dakota's consumer fraud statute makes any deceptive act, false pretense or misrepresentation in connection with the advertisement of services an unlawful practice. Claiming an approval or endorsement a government body or professional association has not given is a misrepresentation.

   Source: N.D.C.C. 51-15-02 ("any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation")

   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.

   N.D.C.C. 51-15-02 · Needs counsel review