Section 11857.3 - Marketing and advertising materials; disclosures; prohibitions(a) Any marketing or advertising materials published or disseminated by a treatment provider shall provide accurate and complete information, in plain language that is easy to understand, and shall include both of the following:(1) Information about the types and methods of services provided or used, and information about where they are provided, using the categories of treatment identified in subdivision (a) of Section 11834.26 and the levels of care established pursuant to subdivision (a) of Section 11834.015.(2) The treatment provider's name and brand.(b) Any licensed treatment facility or certified treatment program that is required to disclose specified information pursuant to subdivision (a) of Section 11833.05 shall provide this information about its program to prospective clients.(c) It is unlawful for a treatment provider to make a false or misleading statement, or provide false or misleading information, about the nature, identity, or location of substance use disorder treatment services in advertising materials, on a call line, on an internet website, or in any other marketing materials.(d) It is unlawful for a treatment provider to make a false or misleading statement about their status as an in-network or out-of-network provider.(e) It is unlawful for any person or entity to provide, or direct any other person or entity to provide, false or misleading information about the identity of, or contact information for, any treatment provider.(f) It is unlawful for any person or entity to include false or misleading information about the internet address of any treatment provider's website, or to surreptitiously direct or redirect the reader to another website.(g) It is unlawful for any person or entity to suggest or imply that a relationship with a treatment provider exists, unless the treatment provider has provided express, written consent to indicate that relationship.(h) It is unlawful for any person or entity to make a false or misleading statement about substance use disorder treatment services.(i) A violation of this section constitutes a deceptive act or practice under the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code), regardless of whether any consumer was actually misled or deceived.Ca. Health and Saf. Code § 11857.3
Added by Stats 2022 ch 15 (SB 349),s 2, eff. 1/1/2023.