NMC issues guidelines on ethical advertising by hospitals, doctors

New Delhi, Oct 8: The National Medical Commission (NMC) has issued guidelines to regulate advertising and public communication by hospitals, medical institutions and Registered Medical Practitioners, seeking to ensure that promotional content relating to medical services remains ethical, truthful, transparent and free from misleading claims.
Titled “Guidelines on Ethical Advertising and Public Communication by hospitals/medical institutions and Registered Medical Practitioners”, the framework aims to protect patients and the public from false, exaggerated, deceptive or unsubstantiated claims while safeguarding patient privacy, autonomy and dignity.
The guidelines cover advertising and promotional communication across conventional as well as digital platforms. They specifically state that digital, social media, sponsored, targeted, influencer-led, search-engine, platform-based, audio-visual, AI-generated and AI-assisted promotional communications will be treated as advertising where their content or manner of dissemination has a promotional character.
The framework distinguishes genuine public information from promotional communication. Information disseminated in the normal course of providing information to the public, without an intent for commercial benefit, is exempted from the definition of advertising.
Similarly, information regarding the availability or installation of equipment, technology, diagnostic facilities or services may be disseminated as factual information, provided it does not contain claims of superiority, guaranteed accuracy, guaranteed outcomes, comparative claims or other misleading or unverifiable representations.
The guidelines require Registered Medical Practitioners publishing posts through electronic media to transparently disclose their names, qualifications, registration status and State Medical Register/National Medical Register registration number. Clinical establishments and medical institutions publishing electronic media posts are required to disclose the name of the concerned RMP along with qualifications, registration status and SMR/NMR registration number.
A significant provision prohibits Registered Medical Practitioners and hospitals or medical institutions from soliciting, purchasing, procuring, manipulating or causing to be published fake, paid or misleading patient reviews, ratings, testimonials, endorsements or recommendations for the promotion of medical services.
RMPs are also prohibited from requesting or sharing patient testimonials, recommendations, endorsements or reviews for professional promotion on social media.
The guidelines further seek to prevent direct or indirect solicitation of patients and commercial promotion that could induce unnecessary investigations, treatments or medical procedures.
The framework also defines artificial intelligence as a self-learning automated process, programme, machine or computer built for carrying out tasks that usually require human brain, bringing AI-generated and AI-assisted promotional communication within the regulatory framework where it carries a promotional character.
The NMC said the guidelines are intended to provide a contemporary framework for responsible communication while remaining consistent with the National Medical Commission Act, 2019, the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, wherever applicable, and other relevant laws and regulations.
The guidelines also clarify that nothing contained in them permits any act prohibited under applicable law or existing professional and ethical regulations. [KNT]