Utah healthcare advertising rules the checker applies

Rules for Utah

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

   Utah lists practicing a licensed profession by any communication that is false, misleading, deceptive or fraudulent as unprofessional conduct. 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: Utah Code 58-1-501(2)(a)(viii) ("by any form of action or communication which is false, misleading, deceptive, or fraudulent")

   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.

   Utah Code 58-1-501( · Needs counsel review

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

   Utah lets a provider advertise that it deviates from medical norms only if it does not guarantee any results, says so conspicuously on its website, and gives contact information. An ad that pairs an unconventional approach with a guaranteed result falls outside that protection.

   Source: Utah Code 58-1-501(2)(b)(ii)(A) ("does not guarantee any results regarding any health care service")

   Safer wording: Drop the guarantee. State plainly on the website that the care deviates from medical norms, and include contact information.

   Utah Code 58-1-501( · Needs counsel review

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

   Utah requires an advertisement for a licensed health care provider that includes the provider name to identify the license type the Division of Professional Licensing uses. A name with only Dr. does not say whether the person is a physician, dentist, chiropractor or something else. The rule applies where the provider licensing authority and ethics allow advertising, so this is a warning.

   Source: Utah Code 58-1-501.6(4) ("shall identify the license type, as used by the division, under which the health care provider is practicing")

   Safer wording: Add the license type next to the provider name, for example Jane Smith, MD, or Alan Rivera, DDS.

   Utah Code 58-1-501.6 · Needs counsel review

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

   Utah makes it a deceptive act for a supplier to indicate that it has a sponsorship, approval, license, certification or affiliation it does not have. The FDA does not approve or certify clinics or doctors, so calling a practice FDA-approved claims an approval it does not have.

   Source: Utah Code 13-11-4(2)(i) ("indicates that the supplier has a sponsorship, approval, license, certification, or affiliation the supplier does not have")

   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.

   Utah Code 13-11-4 · Needs counsel review

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

   Utah makes it unlawful to solicit, offer, pay or receive a kickback or bribe to induce the referral of a person for goods or services paid by a medical benefit program such as Medicaid. Offers of referral fees in recruiting or partner copy are the ad form of this.

   Source: Utah Code 26B-3-1103(2) ("A person may not solicit, offer, pay, or receive a kickback or bribe in return for or to induce")

   Safer wording: Remove payment for referrals from the copy and have counsel review any patient referral reward, especially if Medicaid patients are involved.

   Utah Code 26B-3-1103 · Needs counsel review

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

   The Utah Consumer Privacy Act requires a controller that sells personal data or does targeted advertising to clearly and conspicuously tell the consumer how to opt out. Copy that says there is no way to opt out of data sale or targeted ads contradicts that duty. The Act has size thresholds and HIPAA exemptions, so counsel should confirm it applies.

   Source: Utah Code 13-61-302(1)(b) ("clearly and conspicuously disclose to the consumer the manner in which the consumer may exercise the right to opt out")

   Safer wording: Tell people how to opt out of data sale and targeted advertising, and link the opt-out.

   Utah Code 13-61-302 · Needs counsel review