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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Accepted Answer

The licensee will not be held responsible if a third party, acting on its own accord, publishes the information on their websites.

In addition, materials containing factual information of HCSA licensees who have been awarded an accreditation, certification, award etc, such as a list of the names of HCSA licensees that have been accorded an honour relating to their licensable healthcare services, are deemed to be an act of advertising and will be subject to regulation under Section 31 of HCSA. Consequently, any organisation that is not a HCSA licensee or an authorised person, and that puts up such information contravenes Section 31(1) HCSA in relation to the publication of that advertisement.

If the party putting up the content is a HCSA licensee and/or an authorised person, they contravene Regulation 13 of the HCS (Advertisement) Regulations.

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