West Virginia healthcare advertising rules the checker applies

Rules for West Virginia

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

   West Virginia presumes it is unprofessional conduct for a dentist to advertise professional superiority or the performance of professional services in a superior manner.

   Source: W. Va. Code 30-4-19(g)(12)(K) ("Advertising professional superiority or the performance of professional services in a superior manner")

   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.

   W. Va. Code 30-4-19 · Needs counsel review

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

   West Virginia presumes it is unprofessional conduct for a dentist to advertise to practice dentistry or perform any operation without causing pain.

   Source: W. Va. Code 30-4-19(g)(12)(J) ("Advertising to practice dentistry or perform any operation thereunder without causing pain")

   Safer wording: Describe the comfort options you offer (numbing, sedation) without promising that care is painless.

   W. Va. Code 30-4-19 · Needs counsel review

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

   West Virginia presumes it is unprofessional conduct for a dentist to make use of any advertising relating to the use of any drug or medicine of unknown formula.

   Source: W. Va. Code 30-4-19(g)(12)(I) ("Making use of any advertising relating to the use of any drug or medicine of unknown formula")

   Safer wording: Name each drug or anesthetic used, as it is actually used, and describe it accurately.

   W. Va. Code 30-4-19 · Needs counsel review

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

   West Virginia lets the Board of Dentistry discipline a dentist who holds himself or herself out as a specialist, or as limiting practice to a branch of dentistry, without first meeting the board's requirements and holding the board's certificate of qualification in the specialty.

   Source: W. Va. Code 30-4-19(g)(17) ("Announcing or otherwise holding himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry")

   Safer wording: Only announce a specialty if the dentist holds the board's certificate of qualification in it, and say whether each dentist is a general dentist or a specialist.

   W. Va. Code 30-4-19 · Needs counsel review

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

   West Virginia presumes it is unprofessional conduct for a dentist to advertise to guarantee any dental service or to advertise in any manner that is false or misleading in any material respect. The Consumer Credit and Protection Act also bars representing that services have benefits or characteristics they do not have, and any false promise in advertising.

   Source: W. Va. Code 30-4-19(g)(12)(L) ("Advertising to guarantee any dental service"); W. Va. Code 30-4-19(g)(12)(M) ("Advertising in any manner that is false or misleading in any material respect"); W. Va. Code 46A-6-102(7)(E) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have")

   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.

   W. Va. Code 30-4-19, W. Va. Code 46A-6-102 · Needs counsel review

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

   West Virginia's Consumer Credit and Protection Act makes it an unfair or deceptive act to make false or misleading statements of fact about the reasons for, existence of or amounts of price reductions.

   Source: W. Va. Code 46A-6-102(7)(K) ("Making false or misleading statements of fact concerning the reasons for, existence of or amounts of price reductions")

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

   W. Va. Code 46A-6-102 · Needs counsel review

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

   West Virginia's Consumer Credit and Protection Act makes it an unfair or deceptive act to cause likelihood of confusion or misunderstanding as to the sponsorship, approval or certification of services, or to represent that a person has an approval, status or affiliation he or she does not have.

   Source: W. Va. Code 46A-6-102(7)(B) ("Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services")

   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.

   W. Va. Code 46A-6-102 · Needs counsel review