Oklahoma healthcare advertising rules the checker applies

Rules for Oklahoma

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

   Oklahoma treats advertising of a medical business with statements that are grossly untrue or improbable and calculated to mislead the public as unprofessional conduct by a physician. Guaranteed results and no-risk claims are the standard examples.

   Source: 59 O.S. 509(6) ("All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to 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 say there is no risk.

   59 O.S. 509 · Needs counsel review

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

   Oklahoma treats taking or offering to accept a fee on the assurance that a manifestly incurable disease can or will be cured as unprofessional conduct by a physician.

   Source: 59 O.S. 509(2) ("on the assurance or promise that a manifestly incurable disease can or will be cured")

   Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure.

   59 O.S. 509 · Needs counsel review

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

   Oklahoma treats prescribing or administering a drug or treatment without sufficient examination and a valid physician-patient relationship as unprofessional conduct. Ads that promise prescriptions with no exam or from a form alone invite that problem.

   Source: 59 O.S. 509(12) ("Prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship")

   Safer wording: Say a licensed clinician reviews your history and, where required, examines you before prescribing. Do not tie a prescription to a form alone.

   59 O.S. 509 · Needs counsel review

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

   Oklahoma makes it an unlawful practice under the Consumer Protection Act to make a false or misleading representation about the source, sponsorship, approval or certification of the subject of a consumer transaction.

   Source: 15 O.S. 753(2) ("Makes a false or misleading representation, knowingly or with reason to know, as to the source, sponsorship, approval, or certification of the subject of a consumer transaction")

   Safer wording: Claim an endorsement or approval only if you hold it, and link to the proof. Say what the agency actually approved.

   15 O.S. 753 · Needs counsel review

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

   The Oklahoma State Board of Medical Licensure and Supervision rule lists representing to a patient that an incurable condition, sickness, disease or injury can be cured as unprofessional conduct.

   Source: OAC 435:10-7-4(13) ("Representing to a patient that an incurable condition, sickness, disease, or injury can be cured")

   Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not tell patients an incurable condition can be cured.

   OAC 435:10-7-4 · Needs counsel review

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

   The Oklahoma State Board of Medical Licensure and Supervision rule lists giving or receiving a fee, commission, rebate or other compensation for professional services not actually and personally rendered as unprofessional conduct. Referral payments fall under it.

   Source: OAC 435:10-7-4(30) ("Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Counsel should review any patient referral reward.

   OAC 435:10-7-4 · Needs counsel review