Advertising Practices of Clinical Establishments in India: A Legal Perspective

The healthcare industry in India, particularly corporate hospitals and private clinics, often walks a fine line between serving patients and operating as profit-driven businesses. This commercialization has extended to advertising practices, where the promises made to attract patients can be misleading. With clinical establishments making bold claims such as "India’s No.1 hospital" or "FDA-approved treatments," many patients are lured into services that may not deliver on what was advertised. As this becomes an increasingly prominent issue, it raises important questions: Are these advertising practices being adequately regulated? What rights do patients have? And where can clinical establishments strike a balance between business promotion and ethical healthcare?

Regulatory Landscape: The Present Gaps

The National Medical Commission of India (NMC), formerly the Medical Council of India, oversees the professional conduct of registered medical practitioners through its Professional Conduct, Etiquette, and Ethics Regulations, 2002. These regulations place certain restrictions on how doctors can advertise their services—prohibiting solicitation and endorsements of medical products or treatments. However, when it comes to clinical establishments like hospitals and clinics, there are few clear regulations in place.

Although there are frameworks such as the Clinical Establishments (Registration and Regulation) Act, 2010, advertising practices by these establishments remain largely unregulated. This lack of clarity has led to misleading advertisements, often exploiting patients’ lack of medical knowledge, leading to uninformed decisions about their healthcare.

Recent Developments: The 2023 Regulations

In an attempt to address this regulatory vacuum, the NMC Registered Medical Practitioner (Professional Conduct) Regulations, 2023 introduced guidelines for corporate hospitals and clinics to limit the scope of their advertising. For instance, hospitals were only allowed to advertise basic information such as their name, the types of services provided, staff qualifications, and fees. However, these regulations were soon withdrawn following backlash from the medical community.

With no current regulation in place, misleading advertising continues unchecked. However, the Supreme Court of India has recently intervened, seeking regulatory measures to control these practices. In a Writ Petition filed in October 2023, the Court called for clear guidelines to be established, underscoring the need for hospitals to be held accountable for the claims they make.

Ethical Concerns: A Double-Edged Sword

Healthcare establishments operate in a confusing space between being profit-driven businesses and providers of essential services. Advertising is necessary for these establishments to inform patients and grow their businesses. However, misleading advertisements compromise patient trust and public health. The challenge lies in striking a balance between responsible marketing and ethical healthcare. This is where Deonto Legal steps in.

How Deonto Legal Can Help

At Deonto Legal, we specialize in guiding healthcare institutions through the complex regulatory landscape, ensuring that their advertising practices are both effective and compliant with legal and ethical standards. Our team can help hospitals, clinics, and other clinical establishments navigate the following:

• Compliance Audits: We conduct comprehensive legal audits of advertising practices to ensure compliance with current regulations.

• Litigation Support: Should your establishment face legal challenges related to advertising claims, our expert litigation team is equipped to represent you effectively.

• Regulatory Guidance: We provide up-to-date counsel on national and state-level advertising regulations for healthcare providers, including advising on changes in the law and judicial decisions.

• Drafting Ethical Advertising Policies: We help draft and implement clear, ethical advertising policies for clinical establishments that balance business needs with legal and ethical considerations.

  
  

Why Choose Deonto Legal?

With our in-depth understanding of healthcare law and advertising regulations, Deonto Legal offers tailor-made solutions to protect your establishment’s reputation while ensuring legal compliance. We provide services to some of India’s top healthcare institutions, helping them navigate the legal complexities of advertising in the healthcare sector.

If your establishment is concerned about misleading advertising claims or simply wants to ensure your practices are compliant, contact us today. Our team of legal experts can help safeguard your business while maintaining ethical standards.