Regulation on Promotion and Information Activities in Health Services

The Regulation on Promotion and Information Activities in Health Services was published in the Official Gazette No. 32263 on July 29, 2023, to establish the basic principles and criteria for promotion and information activities in health services, regulate the supervision of these activities, and define the procedures and principles for sanctions that may be applied. The regulation prohibits covert or overt advertising in health service provision, allowing promotion and information activities only when carried out in compliance with the principles and rules outlined in the regulation.

Article 5, Paragraph 1 of the Regulation specifies the following principles:

1. Promotion and information activities must adhere to general moral standards, medical deontology, and professional ethics.
2. Information regarding health services can only be provided by legally authorized health professionals.
3. No promotion or information may be conducted that misleads the public, creates a false impression of the types of patients accepted and treated by health facilities, or endangers public health by causing unfair competition.
4. Even if conducted by a health professional, no promotion or information may be given regarding unproven, unscientific, or non-standard medical or treatment methods that have not been officially recognized or regulated by the Ministry.
5. No medical or specialty title outside of the primary and secondary specialties specified in Law No. 1219 may be used in promotional activities.
6. Activities that create the impression that patients have publicly expressed gratitude for a health service may not be carried out.
7. Promotion and information activities should not involve directly or indirectly guiding patients to a specific health professional or institution.
8. Certain medical services such as general health check-ups, screenings, consultations, and information activities cannot direct patients to a specific health professional or facility via intermediary organizations or media.
9. Scientific terms, research findings, or statistical data should not be presented in a misleading manner that gives incorrect results.
10. Promotion and information activities should not exploit public trust by presenting services as superior or different from others, or by taking advantage of information deficiencies.
11. The last update date of information on websites and the contact details of website editors must be clearly stated.
12. Health facilities and doctors may register with internet search engines, but keywords and content displayed on the search results page must not violate the principles of this Regulation.
13. Individuals’ personal phones cannot be called, nor can advertisements or promotional messages be sent via letters, text messages, emails, or social media without their consent.
14. Health services may not be marketed through promotions, giveaways, or lottery-based advertising.

Additionally, guidelines regarding the use of visual content in promotion and information activities have been established. These guidelines stipulate that, in exchange for permission to use visual content, no payment or discount should be given to patients, no gifts may be provided, and the content must reflect the actual conditions without misleading techniques. The use of videos and photos in promotions must be truthful, with the procedure date and the visual’s publication date clearly stated. Moreover, visual content cannot be altered or corrected using technological changes, and no patient comments or expressions of gratitude can be shared with visual content.

Sanctions and Penalties

The Regulation outlines various sanctions for non-compliance. If it is found that a doctor or dentist has acted in violation of the Regulation, an administrative fine will be imposed. If violations are detected in a health facility, the institution will be warned twice. If violations continue and are identified for the third time within one year, the specific department of the facility will have its operations suspended for three days. Additionally, health tourism institutions or intermediary organizations in international health tourism found in violation will be warned for the first offense, and if the violations continue, their health tourism activities may be suspended for up to three months. For medical centers involved in organ transplants, if violations of this Regulation are identified, the organ distribution process will be suspended for three months, and further violations may lead to the cancellation of operating licenses depending on the type of transplant procedure.

Conclusion

The Regulation explicitly prohibits advertising in health services and outlines that promotion and information activities may only be conducted in accordance with the principles and criteria stated in the regulation. The regulation also mandates adherence to these principles in online promotions and social media activities, holding both the promoters and those sharing the content equally responsible. Penalties are imposed in cases of non-compliance, ensuring a structured and ethical approach to health service promotion.