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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
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.
Related questions
What are the approved media allowed for the advertising of healthcare services provided by registered Traditional Chinese Medicine Practitioners?
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?
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Will advertisements involving the use of terms specific to the principles and prescribed practice of Traditional Chinese Medicine, without reference to any diagnosis or terminology used in Western Medicine be allowed? E.g., the use of “消渴症” instead of “diabetes”.
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Some spas advertise their services with an intent to channel customers to medical clinics under their same company group. Is this acceptable?
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