Rhode Island healthcare advertising rules the checker applies

Rules for Rhode Island

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

   Rhode Island makes it unprofessional conduct for a physician to offer, undertake or agree to cure or treat disease by a secret method, procedure, treatment or medicine, and treats advertising that has a tendency to deceive the public as unprofessional conduct. Cure and miracle claims fall under both.

   Source: R.I. Gen. Laws 5-37-5.1(17) ("cure or treat disease by a secret method, procedure, treatment, or medicine"); R.I. Gen. Laws 5-37-5.1(2) ("intended or has a tendency to deceive the public")

   Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a cure.

   R.I. Gen. Laws 5-37-5.1 · Needs counsel review

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

   Rhode Island makes it unprofessional conduct for physicians and dentists to advertise their business in a way that is intended, or has a tendency, to deceive the public. The Deceptive Trade Practices Act also bars representing that services have benefits or characteristics they do not have. Absolute outcome and safety promises are the standard example.

   Source: R.I. Gen. Laws 5-37-5.1(2) ("intended or has a tendency to deceive the public"); R.I. Gen. Laws 5-31.1-10(2) ("intended, or has a tendency, to deceive the public"); R.I. Gen. Laws 6-13.1-1(6)(v) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have")

   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 risk or side effects.

   R.I. Gen. Laws 5-37-5.1, R.I. Gen. Laws 5-31.1-10, R.I. Gen. Laws 6-13.1-1 · Needs counsel review

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

   Rhode Island makes it unprofessional conduct for a physician or dentist to divide fees, or agree to split fees, received for professional services with any person for bringing or referring a patient.

   Source: R.I. Gen. Laws 5-37-5.1(12) ("Dividing fees or agreeing to split or divide the fees received for professional services"); R.I. Gen. Laws 5-31.1-10(12) ("Division of fees, or agreeing to split or divide the fees")

   Safer wording: Remove fee-sharing or referral-payment offers from recruiting and partnership copy and have counsel review the arrangement.

   R.I. Gen. Laws 5-37-5.1, R.I. Gen. Laws 5-31.1-10 · Needs counsel review

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

   Rhode Island makes it unprofessional conduct for a dentist to advertise as a specialty in an area of dentistry unless the dentist is a diplomate of or fellow in an ADA-recognized specialty board, or has completed an ADA-accredited postgraduate program in it.

   Source: R.I. Gen. Laws 5-31.1-10(2) ("dentist advertising as a specialty in an area of dentistry unless the dentist")

   Safer wording: Only advertise a specialty the dentist is qualified in (ADA-recognized board diplomate or fellow, or completion of an ADA-accredited postgraduate program), and say which.

   R.I. Gen. Laws 5-31.1-10 · Needs counsel review

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

   Rhode Island makes it unprofessional conduct for physicians and dentists to advertise in a way that has a tendency to deceive the public, and the Deceptive Trade Practices Act bars representing that services are of a particular standard, quality or grade when they are of another. Unqualified superiority claims cannot be verified.

   Source: R.I. Gen. Laws 5-37-5.1(2) ("intended or has a tendency to deceive the public"); R.I. Gen. Laws 6-13.1-1(6)(vii) ("Representing that goods or services are of a particular standard, quality, or grade")

   Safer wording: State verifiable facts such as training, certifications and years in practice. Do not rank the practice or practitioner against others unless you can substantiate the ranking and name its source.

   R.I. Gen. Laws 5-37-5.1, R.I. Gen. Laws 6-13.1-1 · Needs counsel review

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

   Rhode Island's Deceptive Trade Practices Act makes it an unfair or deceptive act to make false or misleading statements of fact about the reasons for, existence of or amounts of price reductions.

   Source: R.I. Gen. Laws 6-13.1-1(6)(xi) ("Making false or misleading statements of fact concerning the reasons for, existence of")

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

   R.I. Gen. Laws 6-13.1-1 · Needs counsel review

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

   Rhode Island's Deceptive Trade Practices Act makes it an unfair or deceptive act to represent that a person has a sponsorship, approval, status, affiliation or connection he or she does not have.

   Source: R.I. Gen. Laws 6-13.1-1(6)(v) ("approval, status, affiliation, or connection that he or she does not have")

   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.

   R.I. Gen. Laws 6-13.1-1 · Needs counsel review