Misleading ads, misuse of social media! Maharashtra Medical Council to take strict action against doctors
DY Patil Medical College
Mumbai: The Maharashtra Medical Council (MMC) has decided to take strict action against doctors for misleading advertisements and misuse of social media by registered medical practitioners.
The medical council is to start taking action against doctors after receiving complaints from patients in this regard. The Council has received seven such complaints against registered medical practitioners.
These complaints also involve grave claims of guaranteed treatment for serious illnesses like cancer, Hindustan Times has reported.
As per the latest media report by Hindustan Times, the council officials claimed that while some of the doctors use the social media to bust the myths and guide the public, few were found misusing social media platforms for misleading advertisements.
The officials further informed that after receiving complaints from patients regarding misleading advertisements and misuse of social media by registered medical practitioners, the Council decided to take strict action against them.
Commenting on the matter, the MMC Administrator, Dr. Vinky Rughwani informed that such advertisements and claims violated the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002.
He said, "It was found that patients were lured by false claims and advertisements on social media. Advertisement by doctors is not allowed, even on social media. Some doctors advertise claims of “100% guaranteed treatment, which is not only unethical but also violates the norms."
The Council also mentioned that there is a rise in online third-party platforms, allowing doctors to promote themselves. In this regard, Dr. Rughwani mentioned, "Doctors are allowed to share information about their clinic, consultation hours, and location online. However, using these platforms for promotional activities, especially with misleading claims and testimonials showing success stories is unacceptable. Patients place their trust in doctors, and such advertising practices exploit this trust."
According to the officials in the Council, the action against doctors aims to ensure that the patients receive reliable and ethical medical advice as Healthcare is a sensitive field and the doctors should adhere to strict ethical standards.
Commenting on the issue, the National Secretary (elect) of Indian Medical Association- Hospital Board of India Dr. Sanjay Patil said that advertising by doctors is not allowed and IMA is strictly against advertisements claiming a guarantee for treatment.
"To provide genuine guidance to patients regarding specialised treatment, specialised doctors should be allowed ethical advertainment. The IMA is against online aggregators, and it is unethical, the same issue was raised with the ministers to control such aggregators. Doctors should promote government platforms to increase their visibility," he said.
Meanwhile, despite the Government's plans to implement the rules to put a stop to misleading advertisements, the matter is still pending. Medical Dialogues had earlier reported that in response to an RTI application, the Union Health Ministry had disclosed that the proposed amendments to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 had been left in limbo for over four years. The draft amendment, intended to impose stricter penalties for misleading advertisements, including those for Ayush medicines, remains unimplemented. The Ministry, in its reply, stated, "...it is still pending...no further noting is available."
The proposed amendments aim to expand the scope of the Act by including 24 additional diseases and conditions, such as claims about skin fairness, height enhancement, anti-ageing, and improved sexual performance. Stricter penalties were also proposed, increasing fines and extending jail terms for violators. The outdated penalties under the current Act, which include short imprisonment and minimal fines, were to be replaced with harsher punishments.
Also Read: Rising Misinformation But No Action: Govt's Moves On Misleading Health Ads In Limbo
What Does NMC Say?
Doctors’ use of social media can have enormous benefits for patient care whether it is by engaging people in public health and policy discussions, busting myths and tackling medical misinformation or establishing national and international professional networks. However, it becomes perilous when the tools of social media are used by practitioners for self-promotion or glorification and worse to solicit and gain more patients patient base.
Keeping the rising use of social media in mind, the Apex Medical Regulator had laid down the rules for conduct by doctors on such platforms, National Medical Commission Registered Medical Practitioner (RMP) (Professional Conduct) Regulations 2023, which were later put on hold. Back then, the Commission had mentioned in the regulations that the doctors would have to refrain from buying likes, and followers on social media as well as posting patient "success stories".
The guidelines mentioned that "The broader principle of medical ethics should guide the use of social media by RMPs." It further added, "All written and visual communication should be truthful, respectful, and professional."
Also Read: How to Behave on Social Media? NMC Releases 11 Commandments for Doctors
NMC's Code of Conduct for RMPs on Social Media:
1) RMPs can provide information and announcement on social media. However, the information should be factual and can be verified. The information should not be misleading or deceptive, nor should it exploit the patient’s vulnerability or lack of knowledge
7. RMPs should refrain from sharing images of healed/cured patients, or surgery/procedure videos or images displaying impressive results under any circumstances.
8. RMP is allowed to share educative material for the information of the general public. However, communication should be limited to the expertise of the RMP.
9. RMP’s webpage should also follow the same guidelines as above.
10 On social media, RMPs should refrain from boundary crossings or violations and conduct themselves with dignity and decorum.
11. Soliciting of patients directly or indirectly through social media is unethical.
NMC Action Against Misleading Advertisements:
The Commission had also taken cognizance of the issue of advertisements by corporate hospitals and decided to form a panel to examine the issue. It was decided that the NMC panel would evaluate the nature of advertisements employed by corporate hospitals. It will examine whether there should be specific rules to govern advertisement by corporate hospitals.
NMC took this decision after the Apex Court issued a notice to the commission regarding a Public Interest Litigation (PIL) filed by Mumbai-based infertility expert Dr. Aniruddha Malpani.
