Tennessee healthcare advertising rules the checker applies

Rules for Tennessee

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

   Tennessee treats any physician advertisement that creates an unjustified expectation about the potential results of any treatment as unethical and unprofessional conduct. Guarantees and miracle claims are the clearest case.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(l) ("Any communication which creates an unjustified expectation concerning the potential results of any treatment")

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

   0880-02-.13 · Needs counsel review

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

   Tennessee treats claims that a physician's services, staff or equipment are professionally superior, or that one physician is better than another, as unprofessional conduct when the superiority cannot be substantiated.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(a) ("convey the message that one licensee is better than another when superiority of services, personnel, materials or equipment cannot be substantiated")

   Safer wording: State training, board certification and years in practice. Do not rank against other physicians unless you hold proof that supports it.

   0880-02-.13 · Needs counsel review

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

   Tennessee treats a personal testimonial about the quality or competency of a service or treatment as unprofessional conduct when it is not reasonably verifiable. First-person outcome claims in an ad are testimonials of that kind.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(f) ("The use of any personal testimonial attesting to a quality of competency of a service or treatment offered by a licensee that is not reasonably verifiable")

   Safer wording: Use a testimonial only if you can verify it, keep the proof on file, and say that results vary. Counsel should review testimonial use.

   0880-02-.13 · Needs counsel review

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

   Tennessee treats using statistics from past performance to predict future results as unprofessional conduct when it creates an unjustified expectation about the results the physician can achieve.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(g) ("which creates an unjustified expectation about results that the licensee can achieve")

   Safer wording: Cite the study or the practice data, the period and the patient group, and say outcomes vary. Do not present past rates as a promise.

   0880-02-.13 · Needs counsel review

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

   Tennessee treats appeals to an individual's anxiety in an excessive or unfair manner as unprofessional conduct in physician advertising.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(e) ("Any appeals to an individual's anxiety in an excessive or unfair manner")

   Safer wording: State the condition and who should be screened, calmly and factually, with a source for any risk figure.

   0880-02-.13 · Needs counsel review

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

   Tennessee treats advertising techniques that intimidate or exert undue pressure or undue influence over a prospective client as unprofessional conduct. Countdown and scarcity pressure on a medical decision is the usual form.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(d) ("Techniques of communication which intimidate, exert undue pressure or undue influence over a prospective client")

   Safer wording: Give the patient time to decide. State any real deadline and the reason for it, such as a posted promotion end date.

   0880-02-.13 · Needs counsel review

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

   Tennessee treats statements about the benefits of procedures that involve significant risks as unprofessional conduct unless the ad includes a realistic assessment of safety and efficiency and the available alternatives. Calling a procedure risk-free or painless leaves those out.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(k) ("A realistic assessment of the safety and efficiency of those procedures or products")

   Safer wording: Describe the main risks and the alternatives, or point to where they are explained, before promoting the benefits.

   0880-02-.13 · Needs counsel review

8. CG-TNS-008 · Warns · Citation checked against stored text

   Tennessee treats offering, giving, receiving or agreeing to receive a fee or other consideration to or from a third party for the referral of a patient as unprofessional conduct in physician advertising.

   Source: Tenn. Comp. R. & Regs. 0880-02-.13(4)(t) ("for the referral of a patient in connection with the performance of professional services")

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

   0880-02-.13 · Needs counsel review

9. CG-TNS-009 · Warns · Citation checked against stored text

   The Tennessee Consumer Protection Act makes it unlawful to represent that goods or services have sponsorship, approval, characteristics or benefits that they do not have. Calling a clinic service FDA approved or certified is a claim of approval that is often untrue, since the FDA approves products, not clinic services.

   Source: Tenn. Code Ann. 47-18-104(b)(5) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have")

   Safer wording: Name the specific product and its actual FDA status and cleared use. Do not describe a clinic or procedure as FDA approved.

   Tenn. Code Ann. 47-18-104 · Needs counsel review

10. CG-TNS-010 · Warns · Citation checked against stored text

    The Tennessee Consumer Protection Act makes it unlawful to represent that a service is needed when it is not. Saying everyone needs a scan, test or procedure overstates the need.

    Source: Tenn. Code Ann. 47-18-104(b)(13) ("Representing that a service, replacement or repair is needed when it is not")

    Safer wording: Say who the service is for, such as people with a specific symptom, risk factor or doctor recommendation, and point to guidance.

    Tenn. Code Ann. 47-18-104 · Needs counsel review

11. CG-TNS-011 · Warns · Citation checked against stored text

    Tennessee lists offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality as grounds for discipline of a physician. Secret-formula pitches are the usual form.

    Source: Tenn. Code Ann. 63-6-214(b)(15) ("Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality")

    Safer wording: Describe the treatment, how it works and what it is for. Do not sell it as a secret or hidden cure.

    Tenn. Code Ann. 63-6-214 · Needs counsel review

12. CG-TNS-012 · Warns · Citation checked against stored text

    Tennessee lists giving or receiving rebates as grounds for discipline of a physician, and makes it an offense for a physician to divide a fee with anyone without the knowledge and consent of the person paying it. Payments in return for referrals are expressly prohibited.

    Source: Tenn. Code Ann. 63-6-214(b)(16) ("Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly"); Tenn. Code Ann. 63-6-225(a) ("It is an offense for any licensed physician or surgeon to divide or to agree to divide any fee or compensation of any sort")

    Safer wording: Remove fee-sharing and rebate offers from copy aimed at practitioners. Counsel should review any arrangement that pays for patients sent.

    Tenn. Code Ann. 63-6-214, Tenn. Code Ann. 63-6-225 · Needs counsel review

13. CG-TNS-013 · Warns · Citation checked against stored text

    The Tennessee Consumer Protection Act bars false or misleading statements of fact about the reasons for, existence of, or amounts of price reductions. A was-now price is only safe if the earlier price was a real price charged.

    Source: Tenn. Code Ann. 47-18-104(b)(11) ("Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions")

    Safer wording: Use a was-now price only if the higher price was actually charged for a reasonable period, and say how long the sale lasts.

    Tenn. Code Ann. 47-18-104 · Needs counsel review