New Hampshire healthcare advertising rules the checker applies

Rules for New Hampshire

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

   New Hampshire lets the Board of Medicine discipline a physician whose advertising includes a statement claiming professional superiority, and lets the Board of Dental Examiners discipline a dentist whose advertising claims or suggests professional superiority over other licensees.

   Source: RSA 329:17, VII(g) ("any statement claiming professional superiority"); RSA 317-A:17, II(h)(2) ("enjoys professional superiority")

   Safer wording: State verifiable facts such as training, certifications and years in practice. Do not rank the practice or practitioner against other licensees.

   RSA 329:17, RSA 317-A:17 · Needs counsel review

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

   New Hampshire lets the Board of Dental Examiners discipline a dentist whose advertising claims or suggests that the dentist performs services or any particular service in a painless manner.

   Source: RSA 317-A:17, II(h)(2) ("performs services or any particular service in a painless manner")

   Safer wording: Describe the comfort options you offer (numbing, sedation) without promising that care is painless.

   RSA 317-A:17 · Needs counsel review

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

   New Hampshire lets the Board of Medicine and the Board of Dental Examiners discipline a licensee who advertises the use of a drug or medicine of an unknown formula, or an anesthetic system that is unnamed, misnamed, misrepresented or not in fact used.

   Source: RSA 329:17, VII(h) ("any drug or medicine of an unknown formula"); RSA 317-A:17, II(h)(3) ("any drug or medicine of an unknown formula")

   Safer wording: Name each drug or anesthetic used, as it is actually used, and describe it accurately.

   RSA 329:17, RSA 317-A:17 · Needs counsel review

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

   New Hampshire requires every advertisement of dental services to carry the name of the dentist whose services are advertised and to say, prominently, whether each dentist is a general dentist or a qualified specialist in the named area. This applies to practices operating under a trade name.

   Source: RSA 317-A:31 ("shall state whether each dentist is a general dentist or, if qualified, a specialist in the named area or specialization")

   Safer wording: Name each advertised dentist and state prominently whether that dentist is a general dentist or a specialist in the named area, and only claim a specialty the dentist is qualified for.

   RSA 317-A:31 · Needs counsel review

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

   New Hampshire''s Consumer Protection Act makes it unlawful to represent that services have benefits or characteristics they do not have, or are of a particular standard or quality when they are not. Absolute outcome and safety promises are hard to substantiate. A physician''s advertising may also not tend to deceive or mislead the public.

   Source: RSA 358-A:2, V ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have"); RSA 329:17, VII(g) ("any statement of a character tending to deceive or mislead the public")

   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.

   RSA 329:17, RSA 358-A:2 · Needs counsel review

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

   New Hampshire''s Consumer Protection Act makes it unlawful to make false or misleading statements of fact about the reasons for, existence of, or amounts of price reductions, and to advertise services with intent not to sell them as advertised.

   Source: RSA 358-A:2, XI ("Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions"); RSA 358-A:2, IX ("Advertising goods or services with intent not to sell them as advertised")

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

   RSA 358-A:2 · Needs counsel review

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

   New Hampshire''s Consumer Protection Act makes it unlawful to cause likelihood of confusion or misunderstanding as to the sponsorship, approval or certification of services, or as to affiliation with or certification by another.

   Source: RSA 358-A:2, II ("Causing 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.

   RSA 358-A:2 · Needs counsel review