Is the licensee liable for a non-compliant advertisement published by an authorised person?
Healthcare Services Act(Advertisement) Regulations, Compliance with Regulations
Yes, the onus is on the licensee to take steps to rectify/withdraw the noncompliant advertisement, regardless of how the licensee comes to be aware that the advertisement is not compliant.
Where the non-compliant advertisement is published by the authorised person, the licensee must take all reasonable steps to ensure and verify that the authorised person carries out the rectification/withdrawal. The authorised person must also inform the licensee of the steps the authorised person has taken.
If, despite being informed by the licensee, the authorised person does not take reasonable steps to rectify/withdraw the non-compliant advertisement, the authorised person commits an offence under this Regulation.
Related questions
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?
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 hyperlink published by an authorised person?
Can third parties be held liable for not complying with stipulated requirements for the advertisement of licensable healthcare services?
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