Nebraska healthcare advertising rules the checker applies

Rules for Nebraska

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

   Nebraska makes it unprofessional conduct for a credentialed health professional to receive fees on the assurance that an incurable disease can be permanently cured.

   Source: Neb. Rev. Stat. 38-179(1) ("Receipt of fees on the assurance that an incurable disease can be permanently cured")

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

   Neb. Rev. Stat. 38-179 · Needs counsel review

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

   Nebraska makes it unprofessional conduct for a credentialed health professional to divide fees, or agree to split fees, received for professional services with any person for bringing or referring a consumer, other than with a partner or employee and a few other listed exceptions.

   Source: Neb. Rev. Stat. 38-179(2) ("Division of fees, or agreeing to split or divide the fees, received for professional services with any person for bringing or referring a consumer")

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

   Neb. Rev. Stat. 38-179 · Needs counsel review

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

   Nebraska's Uniform Deceptive Trade Practices Act makes it a deceptive trade practice to represent that services have benefits or characteristics they do not have. Absolute outcome and safety promises are hard to substantiate.

   Source: Neb. Rev. Stat. 87-302(a)(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 risk or side effects.

   Neb. Rev. Stat. 87-302 · Needs counsel review

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

   Nebraska's Uniform Deceptive Trade Practices Act makes it a deceptive trade practice to represent that services are of a particular standard, quality or grade when they are of another. Unqualified superiority claims cannot be verified.

   Source: Neb. Rev. Stat. 87-302(a)(8) ("Represents that goods or services are of a particular standard, quality, or grade")

   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.

   Neb. Rev. Stat. 87-302 · Needs counsel review

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

   Nebraska's Uniform Deceptive Trade Practices Act makes it a deceptive trade practice to make false or misleading statements of fact about the reasons for, existence of or amounts of price reductions, or to advertise the price in a way calculated to mislead.

   Source: Neb. Rev. Stat. 87-302(a)(12) ("Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions")

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

   Neb. Rev. Stat. 87-302 · Needs counsel review

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

   Nebraska's Uniform Deceptive Trade Practices Act makes it a deceptive trade practice to cause likelihood of confusion or misunderstanding as to the sponsorship, approval or certification of services.

   Source: Neb. Rev. Stat. 87-302(a)(2) ("Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services")

   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.

   Neb. Rev. Stat. 87-302 · Needs counsel review