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Mental health marketing rules in Oregon
What you can claim, how you can pay for referrals, and where Oregon diverges from the federal floor. Derived from the live ruleset library.
Yes. Oregon 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 2026-08-04. On top of the federal rules that apply everywhere (the FTC Act, HIPAA, the TCPA, CAN-SPAM), Oregon adds 3 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
ORS 676.612(2)(b), which makes it prohibited conduct for an authorization holder to use, cause or promote the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, l
Every Oregon 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 Oregon 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 a guaranteed result, cure, or permanent outcome from a procedure or treatment.
ORS 676.612(2)(b) names a guarantee and a warranty among the representations an authorization holder may not use where they are false, misleading or deceptive. A guaranteed clinical or cosmetic outcome cannot be substantiated for an individual patient, so advertising one is prohibited conduct before every board ORS 676.160 lists. The exposure is a licence action against the practitioner personally.
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FlagClaims of being the best, top, leading or number one provider without substantiation.
A bare ranking an authorization holder cannot substantiate is a representation that is false, misleading or deceptive under ORS 676.612(2)(b). A claim that can be substantiated is not reached, so the defect is the unsupported assertion rather than the comparison.
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FlagClaims that a procedure or product is clinically or scientifically proven, where the claim cannot be substantiated by reliable, peer reviewed, published scientific studies.
Asserting clinical or scientific proof the authorization holder cannot produce is a false, misleading or deceptive representation under ORS 676.612(2)(b). The claim is not prohibited where the evidence genuinely exists, so a modality with a peer reviewed base may be described as such.
The exposure Oregon attaches to a marketing violation, by tier. Exact amounts and elements live 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.
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 · ORS 676.612 (disciplinary authority; prohibited advertising at (2)(b))
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.
Oregon and federal sources
- ORS 676.612 (disciplinary authority; prohibited advertising at (2)(b)) primary
- ORS 676.160 (which boards are health professional regulatory boards) primary
- 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)
- FTC's Endorsement Guides: What People Are Asking (FAQ) primary
- 47 CFR 64.1200, Delivery restrictions (current rule text) primary
- 47 U.S.C. 227, Telephone Consumer Protection Act primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Oregon reflects the library as of the build and changes as the law does.