Guidelines on advertising medical

Creation: Central Commission of Deontology of the Spanish Medical Association.
source : Comisión Central de Deontología de la Organización Médica Colegial Española.
language original: Spanish.
Approved by the General Assembly of 27-IX-1995.
Published in Revista OMC 45, April 1996.
Copyright: No.
Checked on 16 May 2002.

Declaration of the WTO Central Commission of Deontology: Deontological Guidelines on the advertising medical

Introduction

a. framework legal of the advertising medico-sanitary

The law obliges doctors, like any other citizen, to comply with certain minimum requirements requirements at subject of advertising, which are set out in Law 34/1988 of 11 November 1988, general law on advertising, as well as Decree 1100/1978 of 12 May 1978 on advertising of tobacco and alcoholic beverages on TV and Royal Decree 192/1988 of 4 March 1988 on tobacco, and EU Directives 88/552 and 89/622. In addition, the health advertising is regulated by Law 14/1986 of 25 April 1986 on general health, which regulates the catalogue of infringements and sanctions in subject of advertising health, and Royal Decree 2827/1977 of 6 October 1977 on visas for the advertising medical-health . The general thesis defended by this entire body of law is that health goods, services and activities are often the object of advertising or commercial promotion, which must be subject to prior control and surveillance by the health authorities. This control is carried out with a certain degree of rigour in the case of pharmaceutical specialities and products, but it is carried out with a certain degree of rigour in the case of medical and paramedical activities. In order to avoid this discrepancy, Royal Decree 282/1977 requires the creation of a Central Visa Commission for the advertising Medical-Sanitary , linked to the Under-Secretariat of Health of the Ministry of Health and Consumer Affairs, and the Provincial Visa Commissions for the advertising Medical-Sanitary , organically linked to the corresponding Provincial Health Headquarters. The function of these Commissions is to control and supervise the advertising activities that may be carried out within the scope of their skill.

It is important to remember that Royal Decree 2827/1977 is still in force, even though the areas of skill have changed following the approval of the 1978 Constitution and the Statutes of Autonomy. The Statutes of Autonomy, in fact, include among the matters of skill exclusive to the Autonomous Communities, the advertising and the Royal Decrees on transfers that usually list among the transferred competences the control of the advertising medical-health care. This control, therefore, is still in force, although it has been transferred to the Autonomous Communities, which are obliged to regulate the health advertising in their territory and to create the commissions for the control and approval of the health advertising in their territory and to create the commissions for the control and approval of the health in their territory and to create the commissions for the control and approval of the health advertising . Several Autonomous Communities have so far regulated the health advertising in their territory and created the aforementioned Commission, as is the case of the Autonomous Community of Galicia, in its Decree 273/1990, of 27 April. Naturally, these commissions include representatives of the Official Associations of Doctors, Pharmacists, Veterinarians, etc., as well as representatives of the Provincial Commissions of Deontology, Medical Law and Visas.

This is how the advertising health is legislated in Spain. One of the obligations of the Spanish Medical Association must be to urge the public authorities to set up the aforementioned commissions, in order to prevent the health of citizens from being undermined as a result of an ambiguous and uncertain, if not clearly provocative, fallacious or mendacious advertising .

What is said about advertising in general also applies, of course, to advertising carried out by doctors or medical practitioners. The medical advertising may not contravene any of the above-mentioned rules, and the professional associations must ensure that this is the case. Medical associations can and should sanction all those members who do not comply with the minimum legal requirements of requirements at subject of advertising. The medical profession cannot allow members themselves to advertise in the media with ambiguous, inaccurate or clearly false wording.

b. Deontological precepts relating to the advertising medico-sanitary

In addition to enforcing the law, the Medical Association must demand of all its members standards of quality at advertising that are far higher than those set by law, since medicine is not a commercial activity. This is the scope of the deontological precepts themselves. This area should be defined, in my view, by the following principles:

1°. In the case of diagnostic and therapeutic procedures, the concept of truthful information or advertising truthful information is defined as "scientifically validated practice". The validation of diagnostic and therapeutic procedures is now well established and is, for example, required for the approval and registration of pharmaceutical products by the Directorate General for Pharmacy and Medical Devices. When a medical device has not passed the validation process, it cannot and should not be considered diagnostic or therapeutic, as it is not yet known with the minimum certainty that it is. It should therefore be considered as an "experimental product", and be subject to the ethics of medical device experimentation. Passing off an unvalidated product as a diagnostic or therapeutic product is a fraud, which must be severely punished by both public institutions and professional associations. This is the case for most of the so-called alternative or paramedical procedures. If using these procedures is always serious, it is even more serious when it is done by a medical practitioner. The special qualifications and specific education of the health professional make the use of non-validated procedures by the latter particularly serious and should be sanctioned more severely than in other cases.

2° It is a serious conceptual error to believe that "clinical freedom" or "freedom of prescription" protects the doctor who uses procedures that are not valid by the means that current science considers correct. The only thing that clinical freedom allows is to choose from among the indicated (i.e. previously valid) procedures that experimental process, submitting to the rules of experimental research, when there are reasons to believe that the product may have other indications, in addition to those already known.

3° The professional advertising must be merely informative and not promotional. This means that it should not reflect more than what is essential for the citizen to know who the practitioner is, what his or her specialization program is and where he or she lives. This is what is included in our Code of Ethics in article 37.2, when it says: "The mentions that appear on the door plates of the practice, on letterheads or prescriptions, in press advertisements and in yearbooks, directories and professional directories, shall be discreet in their form and content". Excessively large or conspicuous posters may not be used, as this is detrimental to the good name of medicine.

4° "No mention may ever be made of an academic or professional title that is not held" (Art. 37.3), even if this title is that of Doctor, so common in our environment to designate the doctor, whether or not he or she is a doctor. There are other more correct names, such as doctor or medical practitioner. This precept is completed by Article 37.5, which reads as follows: "Only the academic or professional title that is terminologically authorised by the current rules and regulations , or the EU Directives, may be mentioned".

5° Pseudonyms should, in principle, be prohibited in medicine. The Username of the health services has the right to know the real name of the doctor who treats him or addresses him, even if this is done by means of an advertising advertisement . Hence the mandate of the Medical Association: "If a doctor uses a pseudonym when commenting on matters relating to the profession, he is obliged to declare this to his Medical Association" (Art. 37.4).

Specific rules for action

In observance of these principles, the physician must comply with the following standards:

1. advertising

The physician is prohibited from making advertising or recommending himself or herself, except as specified below. The physician should refrain from:

1° To publish, in any medium or form, texts recommending or drawing attention to one's professional ability, knowledge, services or qualifications, in order to obtain professional advantage or financial gain.

2° Providing or tolerating public acknowledgements or publications in their favour.

3° Making statements about remedies or therapeutic practices that may constitute professional advertising , either orally, in writing, or by any other audio or visual means.

4° Benefit from advertising indirectly, through sanatoriums, institutes, clinics or other companies that are not subject to these regulations. In such cases, doctors are obliged to avoid and prevent this advertising, and may even terminate their relationship with the entity if this is not achieved by other means.

5° Acting directly or indirectly to discredit the professional ability, knowledge, services or qualifications of another physician.

2. Forms, prescriptions, guides and directories

The only indications that a doctor is authorised to mention on his prescription forms enquiry , or in a professional guide, yearbook or directory , are the following:

1° First name, surname, address, telephone number, hours of enquiry, and whether this is by appointment;

2° If the doctor practises in association, the name of the associated doctors and the name of the health establishment or institution;

3° The title of graduate or Doctor, as well as that of Specialist, of the specialization program officially recognised in Spain, which he/she holds and which has been duly registered at his/her College. The name of the specialization program may not be replaced by its acronym;

4° Titles or positions, when they have been approved by the College's Commission of advertising and Health Censorship. All qualifications from the EU or other countries approved in Spain must be subject to this requirement;

5° The membership number. This must be indicated on the forms at enquiry and on the prescriptions.

3. Consultations, place and badges

1° The doctor must inform the College of Physicians of the place and date of establishment of his enquiry and of any changes thereto;

2° The medical practitioner may not consult in commercial premises, in particular in those devoted to the sale of medical products or devices, or on the premises of such premises. The only exception is for occupational medicine;

3° The enquiry plaque is intended to inform the public of the doctor's enquiry . It may not be made or displayed in an exaggeratedly showy manner (e.g. illuminated signs) and may not exceed the usual dimensions (maximum 40 x 60 cm);

4° In the event of cessation of professional activity, the plate must be removed. In the event of transfer of the enquiry, the doctor may, for six months, place a notice containing the appropriate indications and/or leave the old plate in place;

5° In special circumstances, such as when submission is in a remote or inconspicuous location, the doctor may apply for authorise a second plaque. Likewise, in particular cases of difficult location, especially in rural areas, the placement of generic directional indications may be authorised in a discreet manner;

6° The legends on the plaques must comply with the same criteria as those on the forms at enquiry and prescriptions, with the exception of the membership number.

4. Publications and media

1° The physician is obliged to be objective and truthful in his publications.

2° Any exploitation of a medical success for the benefit of a person, a group or a school is forbidden.

3° Physicians practising in public or private organisations must ensure that the forms of information used in these organisations comply with the ethical rules of the profession. They shall not allow their names to be used for advertising purposes.

4° Physicians who participate in health campaigns carried out through general publications, radio or television broadcasts aimed at health information or dissemination shall observe the rules of dignity, objectivity and discretion inherent to the medical profession. In no case shall they use these actions as a means of personal or institutional advertising . Physicians shall inform the Provincial College of their participation and the nature of their participation.

5° A physician shall not tolerate interviews, reports or reports of a publicity nature concerning his medical activity which are published with mention of his name or address;

6° In order to offer his professional services, the doctor may only insert in the press, with the required discretion in form and size (maximum allowed, two modules of the daily press), a notice stating his name, specialization program registered at the College of Physicians, the name of the free insurance entities to which he provides attendance and which appear in the collegiate list for this purpose, address, telephone, hours and days of enquiry and whether this is by appointment, and the authorisation number of the Commission of Deontology, Medical Law and Visa of the College. The same shall apply to the telephone directory.

7° No advertisements in audiovisual media shall be allowed.

8° Advertisements may not include lists of diseases or symptoms, exploratory and/or therapeutic techniques, or qualifications that are not approved, registered or authorised by the Medical Association.

9° All advertisement authorised by the Deontology, Medical Law and Licensing Commission of the Order must bear a legend that makes it clear that it has been approved by it, in order to clearly differentiate it from advertisements that have not complied with this deontological requirement.

10° The Deontology, Medical Law and Licensing Commission monitors the content of non-licensed advertisements and reports and warns members of the corrections that must be made to bring them into line with ethical standards, and shall proceed to open the appropriate disciplinary proceedings if their observations are not complied with within the time limit specified.