South Carolina healthcare advertising rules the checker applies

Rules for South Carolina

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

   South Carolina lets the Board of Medical Examiners discipline a physician for dishonorable, unethical or unprofessional conduct likely to deceive or defraud the public. Guaranteed-cure and miracle claims are the usual form. This reaches licensees and the text leaves room for argument, so it is a warning.

   Source: S.C. Code 40-47-110(B)(9) ("engaged in dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public")

   Safer wording: Say what the treatment involves and who it is for, cite a source for any outcome data, and state that results vary by patient.

   S.C. Code 40-47-110 · Needs counsel review

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

   South Carolina lets a licensing board discipline a professional for an act likely to deceive or harm the public. Telling people a treatment has no side effects or no risk is likely to mislead.

   Source: S.C. Code 40-1-110(1)(f) ("has committed a dishonorable, unethical, or unprofessional act that is likely to deceive, defraud, or harm the public")

   Safer wording: State the main risks plainly or point to where they are explained.

   S.C. Code 40-1-110 · Needs counsel review

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

   South Carolina makes it unlawful for a health care provider to offer, pay, solicit or receive a kickback for referring or soliciting patients. Offers of referral fees or per-referral payments in recruiting or partner copy are the ad form of this.

   Source: S.C. Code 44-113-60(B) ("to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients")

   Safer wording: Remove payment for referrals from the copy and have counsel review any patient referral reward.

   S.C. Code 44-113-60 · Needs counsel review

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

   South Carolina treats prescribing to people the licensee has never personally examined, based only on answers to a set of questions, as unprofessional. Ads that promise a prescription from a questionnaire alone advertise that conduct.

   Source: S.C. Code 40-47-113(C) ("Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is unprofessional")

   Safer wording: Describe the real visit, such as a video or in-person exam by a licensed prescriber, and drop wording that makes a questionnaire the whole evaluation.

   S.C. Code 40-47-113 · Needs counsel review

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

   South Carolina declares unfair or deceptive acts in trade or commerce unlawful. The FDA does not approve or certify clinics or doctors, so calling a practice FDA-approved claims an approval it does not have.

   Source: S.C. Code 39-5-20(a) ("unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful")

   Safer wording: Say what is accurate, for example that the clinic is state-licensed or that a specific drug or device is FDA-approved or cleared for a stated use.

   S.C. Code 39-5-20 · Needs counsel review