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Mental health marketing rules in Minnesota
What you can claim, how you can pay for referrals, and where Minnesota diverges from the federal floor. Derived from the live ruleset library.
Yes. Minnesota has its own mental health advertising law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-07-31. On top of the federal rules that apply everywhere (the FTC Act, HIPAA, the TCPA, CAN-SPAM), Minnesota adds 2 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
Minn. Stat. 148.98 (rules of conduct for psychologists), whose code forbids claiming professional qualifications that differ from actual qualifications and misrepresenting affiliations. Minn. Stat. 14
Every Minnesota scan also runs the always-on federal layer: FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Minnesota law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskPromises of cure, guaranteed recovery, or any claim of a guaranteed treatment outcome.
Minnesota's rules of conduct for psychologists under Minn. Stat. 148.98 bar a licensee from claiming, directly or by implication, professional qualifications that differ from their actual qualifications. A promise of cure or a guaranteed outcome claims a capability no course of psychotherapy has, which is such a claim by implication.
Minn. Stat. 148.98
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FlagClaims of being the best, top, leading or number one provider without substantiation.
A claim of being the best or most effective provider asserts, by implication, professional qualifications that differ from the licensee's actual qualifications unless it can be supported, which Minn. Stat. 148.98 forbids.
Minn. Stat. 148.98
The exposure Minnesota attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- LicenseAdvertising violations can trigger license discipline for the facility or the provider.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
We guarantee you will be free of anxiety after eight sessions.
A guaranteed treatment outcome. No course of psychotherapy can promise a result for a given client, and the claim is unsubstantiated on its face.
Cure and guarantee claims · Minn. Stat. 148.98 (psychology rules of conduct)
Cognitive behavioral therapy is an evidence-based treatment for anxiety, and most clients meet weekly for several months.
Describes the treatment and what the evidence supports without promising this reader a result.
Minnesota and federal sources
- Minn. Stat. 148.98 (psychology rules of conduct) primary
- Minn. Stat. 148B.5301 (LPCC conduct)
- 15 U.S.C. 45 (FTC Act Section 5, official code viewer) primary
- 15 U.S.C. 52 (FTC Act Section 12, false advertisements, official code viewer) primary
- FTC Health Products Compliance Guidance (Dec. 2022) primary
- 16 CFR Part 255 Endorsement Guides, 2023 revision (Cornell LII mirror; ecfr.gov bot-blocked at authoring)
- 16 CFR 255.2 Consumer endorsements (Cornell LII mirror)
- 16 CFR 255.5 Disclosure of material connections (Cornell LII mirror)
- 16 CFR 251.1 Guide concerning use of the word Free (Cornell LII mirror)
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Minnesota reflects the library as of the build and changes as the law does.