Advertising Medicines on Social Media: Karnataka Medical council slaps show cause notice on doctor
Bengaluru: The Karnataka Medical Council has asked a doctor to submit an explanation for advertising Dermatology drugs/medicines on social media, which is a violation of the Code of Medical Ethics.
The popularity of social media led to a rise in influencers giving health advice to users, meanwhile, doctors also joined the platforms for myth-busting and giving guidance to the public. In one such incident, an OBGYN doctor who has over 1 million followers on Instagram recently made a reel advising on which products to use if somebody needs to get rid of dark underarms.
The action on the part of the Medical Council comes after it received a complaint in this regard from the Indian Association of Dermatologists, Venerologists & Leprologists.
Issuing a notice on 02.07.2024, KMC has asked the concerned doctor, who hails from Mangalore, to submit the explanation within 15 days from the date of receipt of the notice. The Council has warned to take further action if the doctor does not submit any response.
In the notice, the Council mentioned, "I am herewith enclosing a letter of complaint received from The Indian Association of Dermatologists, Venereologists & Leprologists-Karnataka Branch, Bengaluru, alleging Violation of Code of Medical Ethics by advertising Dermatology drugs/medicines on social media, for your reference."
Along with the explanation, the Council has also asked the concerned doctor to submit a copy of his Registration Certificate with the KMC and also the educational qualification certificates.
"Hence, under the powers conferred vide Section 16 of Karnataka Medical Registration Act, 1961, Respondent is hereby directed to furnish explanation for the complaint in Duplicate (2 sets) to the Council within 15 days from the date of receipt of this notice in accordance with law, failing which further action will be taken. Please also furnish a copy of your Karnataka Medical Council Registration Certificate and educational qualification certificates," the notice, issued by KMC Registrar Dr. Shamrao B. Patil further added.
The issue of advertising by doctors and hospitals had been addressed in the Code of Medical Ethics, 2002 as well as the NMC RMP (Professional Conduct) Regulations, 2023, which were later withdrawn by the Commission.
Addressing the issue of advertising, the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 stated the following:
"6.1 Advertising:
6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical. A physician shall not make use of him / her (or his / her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandizement. A physician shall not give to any person, whether for compensation or otherwise, any approval, recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the following:
- On starting practice.
- On change of type of practice.
- On changing address.
- On temporary absence from duty.
- On resumption of another practice.
- On succeeding to another practice.
- Public declaration of charges.
6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. However, printing of sketches, diagrams, picture of human system shall not be treated as unethical."
Section 7.11 of the Regulations stated, "7.11 A physician should not contribute to the lay press articles and give interviews regarding diseases and treatments which may have the effect of advertising himself or soliciting practices; but is open to write to the lay press under his own name on matters of public health, hygienic living or to deliver public lectures, give talks on the radio/TV/internet chat for the same purpose and send announcement of the same to lay press."
In the National Medical Commission Registered Medical Practitioner RMP (Professional Conduct) Regulations, 2023, the Commission had laid down the norms to govern the conduct of doctors on social media.
NMC had mentioned in these regulations that the RMPs should avoid discussing the treatment of patients on public social media or prescribing medicine to patients on the public social media platform. If a patient approaches doctors through public social media, the doctor should guide the patient toward a telemedicine consultation or in-person consultation as the situation warrants.
Also Read: How to behave on social media? NMC releases 11 commandments for doctors
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