Another compliance factor that maintains its importance in the execution of advertising activities in Turkey is advertising bans. For reasons of safety, public order, interest, and health, advertising is prohibited in some goods and services groups, while in others it is subject to strict regulations. In this article, we examined advertising bans in the field of health.
In General
Treatment ways and medicines make life easier for people as well as making life easier. However, since it is observed that being the subject of commercial advertisement, besides the important value of the health field, it is observed that its commercialization significantly damages the area, therefore all promotions that exceed the information are prohibited.
It was deemed appropriate to ban advertising entirely in terms of non-scientific treatment methods, drugs, and medical devices that do not work as declared or may have more harmful effects.
Generally speaking, advertising is prohibited on 3 main points or advertisements are subject to special regulations. The first of these is advertising about the personalities of doctors, dentists, hospitals, private clinics, and polyclinics. Secondly, advertisements that exceed information about the treatment and services provided or planned to be provided are prohibited. Finally, advertising in terms of medical devices is highly restricted.
Related Legislation
In terms of advertising law, the basis of advertising bans or advertisements is primarily the Law on the Protection of the Consumer and then the Regulation on Commercial Advertisements and Unfair Commercial Practices. It should be noted that bans on advertising in health are generally implemented as a whole by all legislation. However, to better explain the subject, it is divided into different categories.
In terms of medicine, dentistry, and hospitals, first of all, Law No. 1219 on the Mode of Execution of Medicine and Medical Sciences and the Regulation on Medical Deontology was arranged according to the 24th article of the law, are important. Similarly, there is a Regulation Regarding Dentists in Private Health Institutions Providing Oral and Dental Health Services. In terms of the Regulation on the Occupation and Job Descriptions of Healthcare Professionals and Other Professionals Working in Health Services, as can be understood from the name of the regulation itself, there are provisions regarding the promotion that healthcare professionals and other occupational groups working in healthcare services can and cannot do. Regulation on Private Hospitals and finally the Medical Professional Ethics Rules, which are generally accepted for all physicians, are applied to hospitals.
The advertising ban applied to all healthcare professionals, especially doctors and dentists, is also applied to the advertisement of the treatment provided. The only aspect of differentiation is that information about treatment is allowed. In addition to the legislation above, the Regulation on Traditional and Complementary Medicine Practices and the Regulation on Private Health Institutions with Outpatient Diagnosis and Treatment are implemented.
Finally, there is a ban on advertising for medical devices. In terms of medical devices, in addition to the announced provisions of the legislation, the Medical Device Sales, Advertisement, and Promotion Regulation and other relevant legislation provisions also find application.
Healthcare Professionals and Hospitals
According to the 9th article of the Medical Deontology Regulation, it is possible for physicians to post advertisements stating their names, their specializations accepted according to the Medical Specialization Regulation, their academic titles, the place where they accept patients, and the hours of examination. has been stated. It is clearly stated in the legislation that advertising is prohibited.
In general terms, in terms of health professionals, it is stated that they cannot make misleading, demand-increasing, and self-praising promotions, organize campaigns and advertise in any way within the scope of Article 5(1)(c) of the Regulation on Profession and Job Descriptions of Healthcare Professionals and Other Professionals Working in Health Services. In addition, it was also stated that they could only introduce their names, titles, branches, and addresses. Similarly, within the scope of the 5th paragraph of Article 24 of the Regulation on Private Healthcare Institutions Providing Oral and Dental Health Services, except for the authority given to them by their diplomas or specialty certificates, based on a certificate, master's or doctoral certificate, declaring to be experts in their profession. indicated that it cannot be executed. It has been clearly stated that the different pieces of training received cannot be promoted.
On the other hand, the Guidelines for Physicians and Health Institutions to Share in Electronic Media were accepted by the Turkish Medical Association in 2016. There are also regulations in the same direction. Within these regulations, it is stated that healthcare professionals and hospitals can be found on the internet and social media, but only for informational purposes, which do not carry the nature of commercial advertising. In addition, in the same guide, there is an obligation to include a warning on each information page such as "The content of the page is for informational purposes only, you must consult your doctor for diagnosis and treatment".
On the other hand, within the scope of Article 60 of the Regulation on Private Hospitals, it is unfair to the detriment of other hospitals, which creates the impression that private hospitals accept and treat patients other than the specialties they treat and are accepted in their licenses, in violation of professional ethics rules, misleading, misleading and creating demand. It is accepted that they cannot engage in competitive behavior and cannot promote in this manner. They are similar to the Law on the Protection of the Consumer and the Regulation on Commercial Advertising and Unfair Commercial Practices. It is stated that advertisements cannot be made by health institutions in accordance with Article 29/1 of the Regulation on Private Health Institutions where Outpatient Diagnosis and Treatment are made.
As can be seen, it seems that healthcare professionals and hospitals can only post their own resumes and place of service, and working hours, with permissible information. Although it is possible to inform the consumer on their website, it is still greatly restricted. Similarly, the same provisions apply to private hospitals. However, in terms of private hospitals, it has been stated that they can advertise and place advertisements in order to inform society about their service areas and services, opening information, and similar issues.
Treatment Methods
As mentioned before, there is a clear ban on advertising in the healthcare field. In addition to the legislation in question for healthcare workers and private hospitals, the Regulation on Traditional and Complementary Medicine Practices and the Regulation on Private Health Institutions where Outpatient Diagnosis and Treatment are applied.
In case treatment methods have a direct curative effect, an unapproved treatment is promoted as a proven treatment method without relying on any data, and this promotion exceeds the information, it may be subject to an administrative fine.
As can be seen from the decisions of the Board of Advertisement, if the information is exceeded the legislation and it is in the nature of the commercial advertisement, it becomes the subject of investigation according to the concrete case. Because many different and creative ways of treatments can be advertised in contravention of the legislation, and therefore it will not be possible to ban individual forms of promotion. In general, it is stated that misleading, exaggerated, scientifically unproven information and explanations that create demand cannot be included in the legislation.
Medical Devices
The Regulation on Medical Device Sales, Advertisement, and Promotion is applied in terms of medical devices. For example, pursuant to the aforementioned regulation, devices that are only sold, adapted, or applied in hearing aid centers, bespoke prosthetics, and orthotics centers or opticians, or dental prosthetic laboratories, and those that are intended to be used or applied exclusively by healthcare professionals or that require application in medical device sales centers It is stipulated that the devices cannot be advertised to the consumer.
It is stated that the devices in the List of Devices That Can Be Sold Out of Sales Centers in the annex of the Regulation can be freely advertised to the consumer. The products in this list are listed as toothpaste, dental prosthesis care products, condom, diaper, incontinence pads, topical hot and cold compresses, plaster, plaster, cotton, mouthwash, and breathable nose strips.
It is emphasized in the Regulation that the advertisements must comply with the provisions of Law No. 6502 on the Protection of the Consumer, Law No. 6112 on the Establishment and Broadcasting Services of Radio and Television, and other relevant legislation.
In case of detection of advertisements made in violation of the provisions of the aforementioned Regulation, the Turkish Medicines and Medical Devices Agency will warn the medical device sales center about the elimination of the relevant nonconformity, and if the specified nonconformity is not resolved, the sales activity of the medical device sales center will be suspended for 15 days.
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