Addiction treatment marketing rules in North Carolina

Every North Carolina scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. 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 North Carolina 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.

• High riskPromises of cure or guarantees of treatment success for substance use disorder.

  A promise of cure or a guarantee of recovery, sobriety, or treatment success is a false or misleading efficacy claim about substance use disorder services. North Carolina's Truth in Marketing statute, N.C. Gen. Stat. 90-113.151, prohibits false or misleading statements about the nature of the services offered under (c)(1) and about the rate of recovery or success under (c)(2)c; a violation is a Class G felony under (c) and (d) and is also an unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1 by operation of (e). A cure or guarantee claim is the clearest deceptive-efficacy form of those prohibitions.

  N.C. Gen. Stat. 90-113.151(c)(1) and (c)(2)c (Truth in Marketing) and (e) (a violation is an unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5H.html

• High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.

  Free or covered travel, airfare, lodging, or a scholarship bed offered to induce a person to enter treatment is a thing of value given directly or indirectly, in cash or in kind, in return for referring or steering that person, which N.C. Gen. Stat. 90-113.152 prohibits. A violation is a Class G felony and each violation is a separate offense. The statute exempts arrangements that fit a federal Anti-Kickback safe harbor under 42 U.S.C. 1320a-7b(b)(3) and a reasonable contingency-management incentive under 90-113.152(b); whether an offer qualifies is a counsel question surfaced by the aks_safe_harbor_posture advisory.

  N.C. Gen. Stat. 90-113.152 (patient brokering; exemptions at (b)), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5H.html

• High riskOffering to provide or arrange transportation to treatment or admission.

  Providing or arranging transportation offered as an inducement to enter treatment or complete admission is a thing of value given in kind under N.C. Gen. Stat. 90-113.152, which prohibits soliciting, offering, paying, or receiving anything of value, directly or indirectly, in cash or in kind, in return for referring a patient to a licensed treatment provider or recovery residence, and reaches split-fee arrangements, third parties, and aiding or abetting. A violation is a Class G felony and each violation is a separate offense. A licensed facility transporting its own admitted patients as a clinical service is not the target; this rule flags transportation offered to induce enrollment. The 90-113.152(b) exemptions may apply and are surfaced by the aks_safe_harbor_posture advisory.

  N.C. Gen. Stat. 90-113.152 (patient brokering; exemptions at (b)), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5H.html

• FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.

  A directory, helpline, or placement service that markets itself as independent, unbiased, or neutral while routing callers to fee-paying substance use disorder providers is the copy-visible face of a false or misleading statement about the nature and identity of the service, which N.C. Gen. Stat. 90-113.151(c)(1) prohibits; a violation is a Class G felony and an unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1 by operation of (e). The rule can only see the independence claim in the copy, not the actual routing or compensation, so it is carried at low confidence.

  N.C. Gen. Stat. 90-113.151(c)(1) (Truth in Marketing; false or misleading statement about the nature, identity, or location of the provider) and (e) (unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5H.html

• High riskStated recovery or success rates, such as a numeric success rate or completion rate, presented as a marketing claim.

  A stated rate of recovery or success is squarely within N.C. Gen. Stat. 90-113.151(c)(2)c, which makes a false or misleading statement about the rate of recovery or success a Truth in Marketing violation, a Class G felony under (c) and (d) and an unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1 by operation of (e). The scanner cannot verify whether a stated rate is substantiated, so a numeric success, recovery, or completion rate is surfaced for substantiation review. Pattern reused from the sibling Texas pack; tune against the corpus.

  N.C. Gen. Stat. 90-113.151(c)(2)c (Truth in Marketing; false or misleading statement about the rate of recovery or success) and (e) (unfair or deceptive trade practice under N.C. Gen. Stat. 75-1.1), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_90/Article_5H.html

The exposure North Carolina attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.

• CriminalPatient-brokering or referral-payment conduct can carry criminal exposure. The tier is in the cited statute.
• CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
• 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.

Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. In North Carolina, G.S. 90-113.152 (SAFE Act) makes referral remuneration a Class G felony with each violation a separate offense, reaching recovery residences and third parties; conduct within the federal Anti-Kickback safe harbor at 42 U.S.C. 1320a-7b(b)(3) is excepted.

Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for North Carolina reflects the library as of the build and changes as the law does.