Virginia healthcare advertising rules the checker applies

Rules for Virginia

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

   The Virginia Board of Medicine bars licensees from advertising information that is false, misleading or deceptive, and requires the practice to keep the scientific or other documentation behind any claim in an ad for at least two years, available to the Board. Proof-claims without a source are the common gap.

   Source: 18VAC85-20-30 ("No licensee of the board shall advertise information that is false, misleading, or deceptive"); 18VAC85-20-30 ("Documentation, scientific and otherwise, supporting claims made in an advertisement shall be maintained and available for the board's review")

   Safer wording: Cite the study next to the claim and keep the supporting documents for at least two years, or take the claim out.

   18VAC85-20-30 · Needs counsel review

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

   The Virginia Practitioner Self-Referral Act bars a practitioner from referring a patient for health services to an entity outside the practitioner's office or group practice when the practitioner or an immediate family member is an investor, unless an exception applies.

   Source: Va. Code 54.1-2411(A) ("a practitioner shall not refer a patient for health services to an entity outside the practitioner's office or group practice if the practitioner or any of the practitioner's immediate family members is an investor in such entity")

   Safer wording: Do not offer referring practitioners an ownership, investment or profit stake in the entity they send patients to. Counsel should review any exception relied on.

   Va. Code 54.1-2411 · Needs counsel review

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

   Virginia makes it a Class 6 felony to knowingly and willfully offer, pay, solicit or receive any kickback, bribe or rebate in return for referring a person for items or services paid for under Medicaid.

   Source: Va. Code 32.1-315(B) ("knowingly and willfully offers or pays any remuneration, including any kickback, bribe, or rebate")

   Safer wording: Remove any payment, bonus or reward tied to Medicaid or Medicare patient referrals. Counsel must review any referral or marketing arrangement.

   Va. Code 32.1-315 · Needs counsel review

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

   The Virginia 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: Va. Code 59.1-200(A)(9) ("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.

   Va. Code 59.1-200 · Needs counsel review

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

   The Virginia Consumer Protection Act bars misrepresenting that services have certain characteristics, uses or benefits. Works-for-everyone, no-side-effects and fully-safe claims are false for nearly any treatment.

   Source: Va. Code 59.1-200(A)(5) ("Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits")

   Safer wording: State the known risks and the range of results patients have had, with a source. Drop universal and risk-free claims.

   Va. Code 59.1-200 · Needs counsel review

6. CG-VIR-001 · Warns · Citation checked against stored text

   Virginia lists publishing an advertisement for a professional practice that contains a claim of superiority, or that violates Board advertising regulations, as unprofessional conduct. It applies to licensed practitioners.

   Source: Va. Code 54.1-2915(A)(15) - advertisement relating to a professional practice that contains a claim of superiority is unprofessional conduct

   Safer wording: Describe credentials, services and location factually. Drop best, leading and better-than wording.

   Va. Code 54.1-2915 · Needs counsel review

7. CG-VIR-002 · Warns · Citation checked against stored text

   The Virginia Consumer Protection Act bars misrepresenting that services have certain characteristics, uses or benefits, and any other deception or false promise in a consumer transaction. Absolute outcome promises are the classic example.

   Source: Va. Code 59.1-200(A)(5) - misrepresenting that goods or services have certain characteristics, uses or benefits; Va. Code 59.1-200(A)(14) - deception, false promise or misrepresentation in a consumer transaction

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

   Va. Code 59.1-200 · Needs counsel review