Pennsylvania healthcare advertising rules the checker applies

Rules for Pennsylvania

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

   Pennsylvania treats unconditionally guaranteeing that a cure will result from medical services as unprofessional conduct by a Board-regulated practitioner.

   Source: 49 Pa. Code 16.61(a)(4) ("Unconditionally guaranteeing that a cure will result from the performance of medical services or treatment regimen")

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

   49 Pa. Code 16.61 · Needs counsel review

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

   Pennsylvania treats offering to cure or treat a disease by a secret method, procedure, treatment or medicine as unprofessional conduct by a Board-regulated practitioner.

   Source: 49 Pa. Code 16.61(a)(12) ("Offering, undertaking or agreeing to cure or treat a disease by a secret method, procedure, treatment or medicine")

   Safer wording: Name the treatment and explain how it works. Do not market a hidden or undisclosed method.

   49 Pa. Code 16.61 · Needs counsel review

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

   Pennsylvania treats advertising of a medical business that has a tendency to deceive the public as unprofessional conduct. Saying a procedure has no risk or no side effects is likely to mislead.

   Source: 49 Pa. Code 16.61(a)(5) ("Advertising of a medical business which is intended to or has a tendency to deceive the public")

   Safer wording: State the main risks plainly or say where they are explained. Do not claim a medical service is risk-free.

   49 Pa. Code 16.61 · Needs counsel review

4. CG-PAS-004 · Blocks approval · Citation checked against stored text

   Pennsylvania makes it unlawful to offer or pay any remuneration, including a kickback, bribe or rebate, for referring a person for services paid in whole or in part by Medical Assistance (Medicaid).

   Source: 62 P.S. 1407(a)(2) ("Solicit or receive or to offer or pay any remuneration, including any kickback, bribe or rebate")

   Safer wording: Remove any payment, bonus or reward for referring Medicaid patients. Counsel must review any referral program that touches Medicaid.

   62 P.S. 1407 · Needs counsel review

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

   Pennsylvania treats promising a buyer a reward for referring other buyers as an unfair or deceptive practice when the reward depends on something that happens after the contract is signed.

   Source: 73 P.S. 201-2(4)(xii) ("any compensation or reward for the procurement of a contract for purchase of goods or services with another or others")

   Safer wording: Pay any referral reward only for the referral itself, not for something that happens after the friend signs up. Counsel should review the program terms.

   73 P.S. 201-2 · Needs counsel review

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

   Pennsylvania lets the Board discipline a practitioner who makes misleading, deceptive or untrue representations in the practice. Unproven best-in-the-state claims can be misleading.

   Source: 63 P.S. 422.41(2) ("Making misleading, deceptive, untrue or fraudulent representations in the practice of the profession"); see also 63 P.S. 271.15(a)(2)

   Safer wording: Use claims you can prove, such as credentials, years in practice or a named, dated ranking with its source.

   63 P.S. 422.41, 63 P.S. 271.15 · Needs counsel review

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

   In Pennsylvania only a medical doctor may hold forth as authorized to practice medicine and surgery through a title such as physician or doctor of medicine.

   Source: 63 P.S. 422.10(3) ("Hold forth as authorized to practice medicine and surgery through use of a title")

   Safer wording: Use only titles the person is licensed to use in Pennsylvania, such as the licensed title and the board that issued it.

   63 P.S. 422.10 · Needs counsel review