South Dakota healthcare advertising rules the checker applies

Rules for South Dakota

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

   South Dakota makes it unprofessional or dishonorable conduct for a physician or osteopath to obtain a fee on the assurance that a manifestly incurable disease can be permanently cured, and to advertise with untruthful or improbable statements.

   Source: S.D.C.L. 36-4-30(3) ("Obtaining any fee on the assurance that a manifestly incurable disease can be permanently cured"); S.D.C.L. 36-4-30(5) ("untruthful or improbable statements are made or which are calculated to mislead or 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.

   S.D.C.L. 36-4-30 · Needs counsel review

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

   South Dakota makes it unprofessional conduct for a physician or osteopath to advertise medical business with untruthful or improbable statements or statements calculated to mislead or deceive the public. The deceptive practices statute also bars any false promise or misrepresentation in connection with the advertisement of merchandise.

   Source: S.D.C.L. 36-4-30(5) ("All advertising of medical business in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public"); S.D.C.L. 37-24-6(1) ("false pretense, false promises, or misrepresentation")

   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.

   S.D.C.L. 36-4-30, S.D.C.L. 37-24-6 · Needs counsel review

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

   South Dakota makes it unprofessional conduct for a physician or osteopath to advertise medical business with untruthful or improbable statements. Unqualified claims to be the best or most experienced cannot be verified.

   Source: S.D.C.L. 36-4-30(5) ("untruthful or improbable statements are made or which are calculated to mislead or deceive the public")

   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.

   S.D.C.L. 36-4-30 · Needs counsel review

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

   South Dakota makes it unprofessional conduct for a physician or osteopath to split fees, to give any person who furnishes a patient any portion of the fees received, or to pay or give any consideration for furnishing a patient. It also treats employing cappers or steerers as unprofessional.

   Source: S.D.C.L. 36-4-30(10) ("Splitting fees or giving to any person furnishing a patient any portion of the fees received from the patient")

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

   S.D.C.L. 36-4-30 · Needs counsel review

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

   South Dakota makes it a deceptive act to advertise price reductions unless the ad states the specific basis for the claimed reduction or the merchandise was offered at the higher price for at least seven consecutive business days in the prior sixty days.

   Source: S.D.C.L. 37-24-6(2) ("Advertise price reductions without satisfying one of the following")

   Safer wording: State the basis for the reduction in the ad (for example the prior price and dates), or make sure the higher price was offered for at least seven consecutive business days in the previous sixty days.

   S.D.C.L. 37-24-6 · Needs counsel review