Addiction treatment marketing rules in Tennessee

Every Tennessee 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 Tennessee 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 treatment success for substance use disorder is a materially false or misleading representation about the provider's products or services, a prohibited marketing practice under Tenn. Code Ann. 33-2-423(a)(1). A violation exposes a Title 33 alcohol and drug treatment licensee or facility to license suspension or revocation under 33-2-407 and civil penalties under 33-2-409.

  Tenn. Code Ann. 33-2-423(a)(1); 33-2-407; 33-2-409 (Public Chapter 855, Acts of 2018), https://publications.tnsosfiles.com/acts/110/pub/pc0855.pdf

• 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 scholarship-bed offers presented as an inducement to enter treatment can function as a benefit or thing of value to induce a referral under Tenn. Code Ann. 63-1-159, which bars a Title 63 licensed healthcare provider from knowingly offering a commission, benefit, rebate, kickback, bribe, or split-fee to induce a referral to or from a Title 33, chapter 2, part 4 licensee or facility, with license discipline and civil penalties. TN has no Florida-style patient-brokering consideration statute, so whether a patient-facing travel offer is reached turns on a referral nexus this copy scan cannot confirm; see notes.

  Tenn. Code Ann. 63-1-159 (Public Chapter 855, Acts of 2018), https://publications.tnsosfiles.com/acts/110/pub/pc0855.pdf

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

  Offering to provide or arrange transportation to treatment or admission can serve as a benefit or thing of value to induce a referral under Tenn. Code Ann. 63-1-159, which bars a Title 63 licensed healthcare provider from knowingly offering a benefit, rebate, kickback, bribe, or split-fee to induce a referral to or from a Title 33, chapter 2, part 4 licensee or facility, with license discipline and civil penalties. Unlike Florida, TN has no explicit information-services transportation condition, so this is a conservative port; confirm the referral nexus with counsel; see notes.

  Tenn. Code Ann. 63-1-159 (Public Chapter 855, Acts of 2018), https://publications.tnsosfiles.com/acts/110/pub/pc0855.pdf

• 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 describes itself as independent, unbiased, or neutral while routing callers to fee-paying providers is the copy-visible face of a materially false or misleading representation about identity under Tenn. Code Ann. 33-2-423(a)(1) and of false website information, links, or redirection under 33-2-423(a)(2). Penalties reach license suspension or revocation under 33-2-407 and civil penalties under 33-2-409. The scan sees only the independence claim in copy, not the actual redirect behavior.

  Tenn. Code Ann. 33-2-423(a)(1) and (a)(2); 33-2-407; 33-2-409 (Public Chapter 855, Acts of 2018), https://publications.tnsosfiles.com/acts/110/pub/pc0855.pdf

• High riskMarketing-provider copy advertising the generation of referrals or leads for the placement of patients into treatment through a call center or web-based presence.

  This is the marketing-provider side of a Tenn. Code Ann. 33-2-423(a)(4) arrangement: copy advertising the generation of referrals or leads for the placement of patients into treatment through a call center or web-based presence. The statute makes a provider's contract for that service a prohibited marketing practice unless the provider clearly and concisely discloses to prospective patients whether the marketing provider represents fee-paying providers or recovery residences, and their identity. Whether that disclosure exception is met is a contract and business-relationship question this copy scan cannot resolve; take the arrangement to counsel before running it in Tennessee, where license suspension or revocation under 33-2-407 and civil penalties under 33-2-409 are on the table.

  Tenn. Code Ann. 33-2-423(a)(4); 33-2-407; 33-2-409 (Public Chapter 855, Acts of 2018), https://publications.tnsosfiles.com/acts/110/pub/pc0855.pdf

The exposure Tennessee 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.

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 Tennessee, Tenn. Code 63-1-159 bars a licensed provider from paying or receiving referral remuneration or engaging in a split-fee for alcohol and drug services, and 33-2-423 separately prohibits soliciting or receiving such remuneration in SUD marketing.

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