Wisconsin healthcare advertising rules the checker applies

Rules for Wisconsin

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

   Wisconsin lists false, misleading or deceptive advertising as unprofessional conduct for physicians. Absolute cure and outcome promises are the standard example of an ad that misleads.

   Source: Wis. Admin. Code Med 10.03(1)(k) ("Engaging in false, misleading, or deceptive advertising")

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

   Wis. Admin. Code Med 10.03 · Needs counsel review

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

   Wisconsin bars any advertisement for a service that contains a statement of fact that is untrue, deceptive or misleading. Saying a health service has no risk or no side effects is a statement of fact that is rarely true.

   Source: Wis. Stat. 100.18(1) ("contains any assertion, representation or statement of fact which is untrue, deceptive or misleading")

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

   Wis. Stat. 100.18 · Needs counsel review

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

   Wisconsin treats a chiropractic advertisement that is intended to or likely to create false or unjustified expectations of favorable results as false, deceptive or misleading. A guarantee of relief or results sets that expectation.

   Source: Wis. Admin. Code Chir 6.02(15)(c) ("Is intended to or is likely to create false or unjustified expectations of favorable results")

   Safer wording: Describe the care offered and note that results vary. Do not guarantee relief.

   Wis. Admin. Code Chir 6.02 · Needs counsel review

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

   Wisconsin treats a chiropractic advertisement that implies the services will result in emotional or spiritual benefits as false, deceptive or misleading.

   Source: Wis. Admin. Code Chir 6.02(15)(i) ("Implies that the chiropractic services provided will result in emotional or spiritual benefits")

   Safer wording: Limit chiropractic claims to the musculoskeletal care the practice provides. Do not promise emotional or spiritual results.

   Wis. Admin. Code Chir 6.02 · Needs counsel review

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

   Wisconsin treats a chiropractic advertisement that refers to or implies specialization or certification in a specialty as false, deceptive or misleading unless the chiropractor meets the postgraduate or program requirements in the rule.

   Source: Wis. Admin. Code Chir 6.02(15)(f) ("Includes reference to or implies specialization or certification in an area of specialty other than nutritional counseling")

   Safer wording: Use a specialty title only if the chiropractor holds the qualifications the rule requires, and keep proof on file. Otherwise say chiropractor.

   Wis. Admin. Code Chir 6.02 · Needs counsel review

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

   Wisconsin lists giving or receiving a fee, commission, rebate or other compensation for professional services not actually and personally rendered as physician unprofessional conduct. Paying for patient referrals fits that description.

   Source: Wis. Admin. Code Med 10.03(1)(h) ("Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered")

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

   Wis. Admin. Code Med 10.03 · Needs counsel review

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

   Wisconsin lists uninvited in-person solicitation of patients who may be vulnerable to undue influence as physician unprofessional conduct. Copy that describes uninvited visits to sign up patients describes that practice.

   Source: Wis. Admin. Code Med 10.03(1)(j) ("Engaging in uninvited in-person solicitation of actual or potential patients")

   Safer wording: Let patients come to you. Use opt-in channels instead of unannounced visits to people who are ill or newly injured.

   Wis. Admin. Code Med 10.03 · Needs counsel review