How would the advertising controls affect a non-HCSA licensee who collaborates with a licensee (e.g., a medical device supplier collaborates with a medical/dental clinic) and wishes to advertise its relationship with the licensee?

Under the HCSA, non-HCSA licensees must comply with certain advertising requirements.

Under section 31(1) of HCSA, a person must not advertise, or cause to be advertised, a licensable healthcare service unless the person is a licensee authorised to provide that licensable healthcare service; or is acting on the authority of the licensee (referred to as an “authorised person” in the HCS (Advertisement) Regulations). It is acceptable for non-licensees to state they are collaborating with the licensee. However, if non-licensees wish to advertise a licensable healthcare service the licensee is providing, they must obtain prior approval from the licensee. The advertisements would also need to comply with the HCSA (Advertisement) Regulations, including requirements relating to the medium the advertisement appears in# , and the content and form of the advertisement.

#newspapers, directories, medical journals, magazines, brochures, leaflets, flyers, pamphlets or the Internet (including mobile application software).