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?
The Healthcare Services Act 2020 (HCSA) FAQs, Enhanced advertising control of healthcare service
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).
Related questions
For licensees who have been given approval to co-locate with a non-licensee, can information regarding these services appear in the same advertisement or webpage?
Can third parties be held liable for not complying with stipulated requirements for the advertisement of licensable healthcare services?
Do Healthcare Service (Advertisement) Regulations (HCS (Advertisement) Regulations) cover advertisements of non-licensable healthcare services (e.g. Traditional Chinese Medicine, physiotherapy, chiropractic)?
Do advertisements for co-located services need to comply with the Healthcare Services (Advertisement) Regulations 2021?
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