Washington healthcare advertising rules the checker applies

Rules for Washington

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

   Washington treats false, fraudulent or misleading advertising by a licensed health professional as unprofessional conduct. Absolute outcome promises are the classic example.

   Source: RCW 18.130.180(3) - advertising that is false, fraudulent or misleading is unprofessional conduct for licensed providers

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

   RCW 18.130.180 · Needs counsel review

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

   Claiming a health service has no risk is likely to mislead. Washington bars deceptive acts in trade and, for licensed providers, misleading advertising.

   Source: RCW 19.86.020 - unfair or deceptive acts in trade or commerce are unlawful; see also RCW 18.130.180(3)

   Safer wording: State the main risks plainly or point to where they are explained.

   RCW 18.130.180, RCW 19.86.020 · Needs counsel review

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

   Washington makes it unlawful to pay or accept a rebate, commission or other consideration tied to referring patients, where a licensed practitioner is involved.

   Source: RCW 19.68.010(1) - rebates and commissions for referring patients to or from licensed practitioners are unlawful

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

   RCW 19.68.010 · Needs counsel review

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

   Washington can revoke a license for splitting, rebating or sharing a fee in connection with medical care, apart from a narrow hospital X-ray exception.

   Source: RCW 19.68.030 - a license may be revoked for fee splitting or rebates tied to medical care

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

   RCW 19.68.030 · Needs counsel review

5. CG-WAS-005 · Blocks approval · Citation checked against stored text

   Washington makes it unlawful to set a geofence around an in-person health care provider to track people, collect health data, or send them ads about health or health care.

   Source: RCW 19.373.080 - geofence around in-person health care entities used for tracking, data collection or ads is unlawful

   Safer wording: Remove geofencing around health care facilities from campaign targeting and copy. Target by interest or general area instead, with counsel review.

   RCW 19.373.080 · Needs counsel review

6. CG-WAS-006 · Blocks approval · Citation checked against stored text

   Washington makes it unlawful to sell or offer to sell a consumer's health data without a separate signed authorization.

   Source: RCW 19.373.070(1) - selling or offering to sell consumer health data requires valid authorization

   Safer wording: Remove any offer to sell health data. If it is lawful and authorized, counsel should write the disclosure.

   RCW 19.373.070 · Needs counsel review

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

   Washington bars sharing consumer health data without separate consent for the sharing, unless needed to provide a service the consumer asked for.

   Source: RCW 19.373.030(1)(b) - sharing consumer health data needs consent separate from consent to collect

   Safer wording: Do not describe sharing health data with advertisers unless a separate consent flow exists. Say what you do and do not share.

   RCW 19.373.030 · Needs counsel review

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

   Washington limits collecting consumer health data, including inferring it, without consent or need. Copy that sells targeting by health condition signals that risk.

   Source: RCW 19.373.030(1)(a) - collecting consumer health data requires consent or necessity

   Safer wording: Describe targeting by general interest or context, and have counsel confirm consent for any health-based audience.

   RCW 19.373.030 · Needs counsel review