Reviews, testimonials and endorsements
14.—(1)  Except as provided in this regulation, a licensee and an authorised person (if applicable) must not display, publish or disseminate a review or testimonial, or an endorsement, by any person relating to a licensable healthcare service provided by the licensee (including the services of any healthcare professional or employee of the licensee in relation to the provision of the licensable healthcare service).
(2)  A licensee may display, publish or disseminate an applicable review or testimonial, or an endorsement, by any person (P) —
(a)within any approved permanent premises or approved conveyance of, or any temporary premises used by, the licensee; or
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(b)on the licensee’s website or account on any social media or social network service,
and only if the applicable review or testimonial or endorsement (as the case may be) was given by P directly to the licensee and is not reproduced by the licensee or an authorised person.
(2A)  Paragraph (2) does not apply in relation to an applicable review or testimonial, or an endorsement, about an assisted reproduction service provided by a licensee who holds a licence under the Act to provide that service.
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(3)  A licensee may publish an applicable review or testimonial or an endorsement about a licensable healthcare service provided by the licensee in any corporate publication of the licensee that is disseminated or distributed only to the licensee’s employees.
(4)  A charitable healthcare service provider may publish an applicable review or testimonial or an endorsement about a licensable healthcare service provided by the charitable healthcare service provider in any corporate publication of the charitable healthcare service provider that is disseminated or distributed only to any of the following persons:
(a)a person who has donated or may donate money or other property for the benefit of the charitable healthcare service provider;
(b)a person who has participated or may participate in the charitable activities of the charitable healthcare service provider as a volunteer.
(4A)  Paragraph (4) does not apply in relation to an applicable review or testimonial, or an endorsement, about an assisted reproduction service provided by a charitable healthcare service provider who holds a licence under the Act to provide that service.
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(5)  For the purposes of this regulation, “applicable review or testimonial”, in relation to a licensable healthcare service provided by a licensee, means a review or testimonial given by an individual (P) who is or has been a patient or is the next of kin or carer of a patient in relation to P’s experiences with or P’s opinion of the licensable healthcare service that satisfies both of the following conditions:
(a)P does not give the review or testimonial in return for any money or other valuable consideration or any other benefit given or offered by the licensee or an authorised person to P;
(b)the review or testimonial is not substantively modified by the licensee or authorised person prior to its publication, display or dissemination, as the case may be.
(6)  In this regulation, “assisted reproduction service” has the meaning given by paragraph 2 of the First Schedule to the Act.
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