Vermont healthcare advertising rules the checker applies

Rules for Vermont

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

   Vermont makes it unprofessional conduct for a physician to offer, undertake or agree to cure or treat disease by a secret method, procedure, treatment or medicine, and to run any advertising about health care services that has a tendency to mislead or deceive the public.

   Source: 26 V.S.A. 1354(a)(17) ("offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure"); 26 V.S.A. 1354(a)(2) ("has a tendency 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.

   26 V.S.A. 1354 · Needs counsel review

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

   Vermont makes it unprofessional conduct for a physician to run any advertising about health care services or a medical business that is intended or has a tendency to mislead or deceive the public. A promised result or a claim of no risk is the standard example.

   Source: 26 V.S.A. 1354(a)(2) ("all advertising about health care services or a medical business that is intended or has a tendency to mislead or deceive the public")

   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.

   26 V.S.A. 1354 · Needs counsel review

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

   Vermont makes it unprofessional conduct for a physician to run any advertising about health care services that has a tendency to mislead or deceive the public. Unqualified claims to be the best or most experienced cannot be verified.

   Source: 26 V.S.A. 1354(a)(2) ("has a tendency 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.

   26 V.S.A. 1354 · Needs counsel review

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

   Vermont makes it unprofessional conduct for a physician to divide fees, or agree to split fees, received for professional services with any person for bringing or referring a patient.

   Source: 26 V.S.A. 1354(a)(12) ("division of fees or agreeing to split or divide the fees received for professional services")

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

   26 V.S.A. 1354 · Needs counsel review

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

   Vermont's Consumer Protection Act declares unfair or deceptive acts or practices in commerce unlawful and is read in line with Section 5 of the Federal Trade Commission Act, under which an advertised price reduction must be genuine.

   Source: 9 V.S.A. 2453(a) ("unfair or deceptive acts or practices in commerce are hereby declared unlawful")

   Safer wording: Only advertise a reduction if the earlier price was genuinely charged, state the dates the offer runs, and honor the advertised price.

   9 V.S.A. 2453 · Needs counsel review

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

   Vermont's Consumer Protection Act declares unfair or deceptive acts or practices in commerce unlawful and is read in line with Section 5 of the Federal Trade Commission Act, under which a claimed government or professional endorsement must be real.

   Source: 9 V.S.A. 2453(b) ("the courts of this State will be guided by the construction of similar terms contained in Section 5(a)(1) of the Federal Trade Commission Act")

   Safer wording: Claim government or professional-body approval or endorsement only if it exists, and say exactly what was approved (for example a specific drug or device) rather than the service or practice.

   9 V.S.A. 2453 · Needs counsel review