New York healthcare advertising rules the checker applies

Rules for New York

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

   New York lists guaranteeing that satisfaction or a cure will result from professional services as medical misconduct, and also lists advertising that guarantees any service as not in the public interest. The rules reach licensees, and a guarantee about something other than care may be fine, so this is a warning.

   Source: N.Y. Educ. Law 6530(34) (guaranteeing satisfaction or a cure is misconduct), and N.Y. Educ. Law 6530(27)(a)(iv) (advertising that guarantees any service)

   Safer wording: Describe what the service involves and who it is for, point to a source for any outcome data, and say that results vary. Do not promise a cure or satisfaction.

   N.Y. Educ. Law 6530 · Needs counsel review

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

   New York lists advertising that uses testimonials as not in the public interest for physicians. The Regents rules for other licensed professions allow testimonials only with written patient consent, identity safeguards and a disclaimer, so the rules differ by profession. The result depends on who the advertiser is, so this is a warning.

   Source: N.Y. Educ. Law 6530(27)(a)(iii) (advertising that uses testimonials), and 8 NYCRR 29.1(b)(12)(iv) (testimonials allowed only on stated conditions)

   Safer wording: For physician advertising, drop patient testimonials. For other licensed professions, get written patient authorization, protect identity, and add a disclaimer that results are not typical. Counsel should confirm which rule applies.

   N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review

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

   New York lists advertising that claims professional superiority the licensee cannot substantiate, with the burden of proof on the licensee, as not in the public interest. Words like best, number one or most trusted are claims of superiority. The rules reach licensees, so this is a warning.

   Source: N.Y. Educ. Law 6530(27)(a)(vi) (claims of professional superiority that cannot be substantiated), and 8 NYCRR 29.1(b)(12)(i)(d)

   Safer wording: Replace superiority claims with facts you can document, such as credentials, years in practice, board certification or services offered. Keep the proof on file.

   N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review

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

   New York lists advertising that offers bonuses or inducements, other than a discount or reduction in an established fee or price, as not in the public interest. Gifts, prizes and sign-up bonuses are inducements. The rules reach licensees, so this is a warning.

   Source: N.Y. Educ. Law 6530(27)(a)(vii) (bonuses or inducements other than a discount or reduction in an established fee), and 8 NYCRR 29.1(b)(12)(i)(e)

   Safer wording: Take out gifts, prizes and bonuses. A plain discount or reduction in an established fee is the only inducement these provisions leave out, so keep any promotion to that and have counsel check it.

   N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review

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

   New York lists offering, giving, soliciting or receiving a fee or other consideration for referring a patient, and sharing professional fees with people outside the listed exceptions, as medical misconduct. Referral fees, kickbacks and fee-splitting offers in copy point to that. The rules reach licensees and carry exceptions, so this is a warning.

   Source: N.Y. Educ. Law 6530(18) (fee or consideration for patient referral), and N.Y. Educ. Law 6530(19) (sharing in professional fees)

   Safer wording: Remove referral-fee, commission-per-patient and fee-sharing offers. Pay marketing vendors a flat fee set in advance for services, and have counsel approve any arrangement.

   N.Y. Educ. Law 6530 · Needs counsel review

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

   New York lists advertising that is sensational or flamboyant, or that represents intimidation or undue pressure, as not in the public interest. Fear-based urgency and hype wording fall in that area. The rules reach licensees and the text does not define the terms, so this is a warning.

   Source: N.Y. Educ. Law 6530(27)(a)(i) (sensational or flamboyant advertising), and N.Y. Educ. Law 6530(27)(a)(ii) (intimidation or undue pressure)

   Safer wording: State what the service is and how to book it in a calm, factual tone. Drop hype words and pressure lines about waiting too long.

   N.Y. Educ. Law 6530 · Needs counsel review

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

   New York treats advertising fixed prices or a stated price range for specified routine professional services as an appropriate way to inform the public, provided the ad says if related services cost extra and says how long the prices stay in effect. This copy states a price with no end date. The text frames this as a safe harbor for newspaper, periodical, directory, radio and television ads, so this is a warning.

   Source: N.Y. Educ. Law 6530(27)(b)(ii) (fixed prices for routine services, with related charges and period in effect stated), and 8 NYCRR 29.1(b)(12)(ii)(b)

   Safer wording: Add the period the price is in effect and say whether related services carry an extra charge. Counsel should confirm whether this ad medium is covered.

   N.Y. Educ. Law 6530, 8 NYCRR 29.1 · Needs counsel review

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

   New York treats a false representation or implication that a seller is vouched for, approved by or affiliated with the state or another government body, without permission, as false advertising. Government approval claims in health care copy are a common case. This only matters where the claim is untrue, so this is a warning.

   Source: N.Y. Gen. Bus. Law 350-a (false advertising includes implying state approval or affiliation without express permission)

   Safer wording: Only claim a government approval or affiliation if you hold written permission and can document it. Otherwise say what you are licensed or enrolled to do, with the license number where one applies.

   N.Y. Gen. Bus. Law 350, N.Y. Gen. Bus. Law 350-a · Needs counsel review

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

   New York treats showing the price of an item after a rebate as false advertising unless the actual selling price is shown and the ad gives clear notice that a mail-in rebate is required. No mail-in rebate notice appears in this copy. The text covers print and broadcast ads, so this is a warning.

   Source: N.Y. Gen. Bus. Law 350-a (false advertising includes a price shown after a rebate without the actual price and a mail-in rebate notice)

   Safer wording: Show the actual selling price first and say clearly that a mail-in rebate is required to reach the lower net price.

   N.Y. Gen. Bus. Law 350, N.Y. Gen. Bus. Law 350-a · Needs counsel review

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

    New York bans deceptive acts in business and false advertising, which is advertising that is misleading in a material respect, including by leaving out material facts. Absolute safety and no-risk claims about health services or products are the usual way health copy slides into that. Whether a claim misleads depends on the facts, so this is a warning. The same idea applies to physicians through the misconduct rule on false, fraudulent, deceptive or misleading advertising.

    Source: N.Y. Gen. Bus. Law 349 (deceptive acts in business unlawful), N.Y. Gen. Bus. Law 350 (false advertising unlawful), and N.Y. Educ. Law 6530(27)(a)(i)

    Safer wording: Describe the real risks and side effects or point readers to where they are explained. Do not promise safety or universal results. Keep proof for any claim.

    N.Y. Educ. Law 6530, N.Y. Gen. Bus. Law 349, N.Y. Gen. Bus. Law 350 · Needs counsel review