What happens if an unauthorised person has advertised a licensee’s service and the licensee is unaware of the advertisement? Will the licensee be held liable for the advertisement?
Healthcare Services Act(Advertisement) Regulations, Compliance with Regulations
If it is ascertained that the licensee did not authorise and was not otherwise involved in the publication of the advertisement, the unauthorised person contravenes section 31 of HCSA.
Nonetheless, once the licensee is made aware of such an advertisement, the licensee should take reasonable steps to get the unauthorised person to remove it and verify that the unauthorised person had done so properly.
Related questions
What happens if the authorised person does not remove the non-compliant advertisement as instructed by the licensee? Will the licensee be held liable?
Is the licensee liable for a non-compliant advertisement published by an authorised person?
Can third parties be held liable for not complying with stipulated requirements for the advertisement of licensable healthcare services?
If a person or an organisation decides to give an award, certification, etc. (e.g. for “Excellence in the provision of medical care”), and publishes an advertisement that sets out a list of HCSA licensees who have received honours conferred by this organisation without the knowledge of, or any consent or authorisation from the licensee, will the licensee be held liable?
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