Nevada healthcare advertising rules the checker applies

Rules for Nevada

1. CG-NEV-001 · Blocks approval · Citation checked against stored text

   Nevada bars a geofence within 1,750 feet of a medical facility or other in-person health care provider to identify or track consumers, collect consumer health data, or send them messages or ads about their health data or health care.

   Source: NRS 603A.540(1) - geofence within 1,750 feet of a provider of in-person health care services or products is prohibited for tracking, data collection or advertising

   Safer wording: Remove geofencing around health care facilities from campaign targeting and copy. Target by interest or general area instead, with counsel review.

   NRS 603A.540 · Needs counsel review

2. CG-NEV-002 · Blocks approval

   Nevada bars selling or offering to sell consumer health data without the consumer's written authorization, and bars conditioning goods or services on that authorization.

   Source: NRS 603A.535(1) - selling or offering to sell consumer health data without written authorization is prohibited

   Safer wording: Remove any offer to sell health data. If it is lawful and authorized, counsel should write the disclosure.

   See source text · Needs counsel review

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

   Nevada bars a regulated entity from sharing consumer health data without the consumer's consent, which must be separate from the consent to collect it, unless sharing is needed for a product or service the consumer asked for.

   Source: NRS 603A.500(2) - sharing consumer health data needs affirmative consent separate and distinct from consent to collect

   Safer wording: Do not describe sharing health data with advertisers unless a separate consent flow exists. Say what you do and do not share.

   NRS 603A.500 · Needs counsel review

4. CG-NVS-001 · Warns · Citation checked against stored text

   Nevada lists advertising the practice of medicine in a false, deceptive or misleading manner as grounds for discipline of a physician. Guaranteed outcomes and miracle claims are the standard examples.

   Source: NRS 630.304(2) ("Advertising the practice of medicine in a false, deceptive or misleading manner")

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

   NRS 630.304 · Needs counsel review

5. CG-NVS-002 · Warns · Citation checked against stored text

   Nevada lists receiving a fee, commission or rebate that tends to influence a physician's evaluation or treatment, and dividing a fee between licensees without telling the patient and in proportion to the services performed, as grounds for discipline.

   Source: NRS 630.305(1)(a) ("any fee, commission, rebate or other form of compensation which is intended or tends to influence"); NRS 630.305(1)(b) ("Dividing a fee between licensees except where the patient is informed of the division of fees")

   Safer wording: Remove payment-for-referral and fee-sharing offers from copy aimed at practitioners. Counsel should review any arrangement that pays for patients sent.

   NRS 630.305 · Needs counsel review

6. CG-NVS-003 · Warns · Citation checked against stored text

   Nevada bars a practitioner from referring a patient to a health facility, medical laboratory, imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest, and makes a violation grounds for discipline.

   Source: NRS 439B.425(1) ("a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory, diagnostic imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest"); NRS 630.305(1)(c)

   Safer wording: Do not offer referring practitioners an ownership, investment or profit stake in the facility they send patients to. Counsel should review any exception relied on.

   NRS 630.305, NRS 439B.425 · Needs counsel review

7. CG-NVS-004 · Warns · Citation checked against stored text

   Nevada makes it a deceptive trade practice to knowingly make false or misleading statements of fact about the price of services or about the existence or amount of a price reduction. A was-now price is only safe if the earlier price was a real price charged.

   Source: NRS 598.0915(13) ("Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions")

   Safer wording: Use a was-now price only if the higher price was actually charged for a reasonable period, and say how long the sale lasts.

   NRS 598.0915 · Needs counsel review

8. CG-NVS-005 · Warns · Citation checked against stored text

   Nevada makes it a deceptive trade practice to knowingly make a false representation about the characteristics, uses or benefits of services. Works-for-everyone, no-side-effects and fully-safe claims are false for nearly any treatment.

   Source: NRS 598.0915(5) ("Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease")

   Safer wording: State the known risks and the range of results patients have had, with a source. Drop universal and risk-free claims.

   NRS 598.0915 · Needs counsel review