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Do Healthcare Service (Advertisement) Regulations (HCS (Advertisement) Regulations) cover advertisements of non-licensable healthcare services (e.g. Traditional Chinese Medicine, physiotherapy, chiropractic)?
Healthcare Services Act(Advertisement) Regulations, General
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No, the HCS (Advertisement) Regulations only applies to advertisements of licensable healthcare services. Additionally, only Healthcare Services Act (HCSA) licensees or their authorised persons may advertise such licensable healthcare services, in accordance with section 31 of HCSA.
Advertisements of a non-licensable healthcare service (e.g. Traditional Chinese Medicine) are subject to other relevant legislation such as the Medicines (Advertisement and Sale) Act (MASA). In particular, section 4 of MASA prohibits the publication of any advertisement referring to any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body.
To better ascertain the legislation that your healthcare advertisement is subject to, please refer to Diagram 1 at Page 22 of the FAQs.
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