4.—(1) The licensee of a healthcare institution must ensure that any advertisement of the services of the healthcare institution published by the licensee or any other person on the licensee’s behalf complies with all of the following requirements:(a) | the information contained in the advertisement must be factually accurate and capable of being substantiated, and must not be exaggerated, false, misleading or deceptive; | (b) | the advertisement must not —(i) | be offensive, ostentatious or in bad taste; or | (ii) | undermine the honour and dignity of the medical, dental or nursing profession; |
| (c) | the advertisement must not contain any information that —(i) | implies that the healthcare institution can obtain results from treatment not achievable by other healthcare institutions or create an unjustified expectation from the treatment provided; or | (ii) | compares and contrasts the quality of the services of the healthcare institution with those provided by other healthcare institutions or deprecate the services of other healthcare institutions; |
| (d) | the advertisement does not contain any photograph, picture, video or film showing the appearance or a feature of a person before and after, or only after, receiving any treatment —(i) | whether or not the photograph, picture, video or film creates an unjustified expectation from the treatment provided; and | (ii) | whether all the photographs, pictures, videos or films relating to the same treatment are contained in one advertisement or more than one advertisement; |
| (e) | the advertisement must not contain any laudatory statement (including a statement of prominence or uniqueness) or superlative to describe the services of the healthcare institution; | (f) | except as provided in regulation 12, the information contained in the advertisement must not contain any testimonial or endorsement about the services of the healthcare institution, including the services of any employee of the healthcare institution; | (g) | the advertisement must not provide information to the public in such a manner as to amount to soliciting or encouraging the use of the services provided by or at any healthcare institution. |
(2) To avoid doubt, nothing in paragraph (1)(d) prohibits a licensee from showing to a patient of the licensee’s healthcare institution, during a consultation by the patient at the premises of that healthcare institution, any photograph, picture, video or film that shows the appearance or a feature of any person before and after receiving any treatment from that healthcare institution. |
(3) Where the licensee of a healthcare institution becomes aware of any advertisement relating to the services of the healthcare institution which contravenes any provision of these Regulations, the licensee must take all reasonable steps to procure the rectification or withdrawal of the advertisement, and to prevent its recurrence. |
(4) Where it appears to the Director that any advertisement relating to the services of a healthcare institution contravenes any provision of these Regulations, the Director may, after making due inquiry into the matter, order the licensee of the healthcare institution to alter, withdraw, remove or discontinue the advertisement or cause that advertisement to be altered, withdrawn, removed or discontinued. |
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