Advertising medical services: what is allowed and what is prohibited under the advertising ban on medical entities?

That is why, before you invest in marketing activities for your medical practice, it is worth considering whether they comply with the law.

In this post, we will show you which activities comply with the regulations and which are best avoided.

Are medical entities allowed to advertise?

Every medical practice that wants to grow cares about a good reputation, building brand awareness, and loyalty among its existing patients.

Running a medical practice, like any other business, also requires the continuous acquisition of new patients.

In the case of unregulated business activity, similar results can be achieved through various marketing activities, social media campaigns, loyalty programs, barter cooperation, or promotions for new customers.

Medical entities, however, are subject to stricter advertising rules than companies in other industries and must operate within strictly defined advertising regulations.

Below, we explain what the advertising ban on medical entities involves and what consequences it carries.

Under the current legal framework, the marketing activities of medical entities face certain restrictions arising from Article 14(1) of the Medical Activity Act.

According to the cited provision: "An entity carrying out medical activity shall make publicly available information about the scope and types of health services provided.

The content and form of this information may not have the characteristics of advertising." Entities carrying out medical activity should be understood as all entities that provide health services, that is, among others, doctors, clinics, hospitals, research institutes, foundations, and associations carrying out medical activity.

The scope of the provision as to who it applies to leaves no doubt, since the concept of an "entity carrying out medical activity" follows directly from the Medical Activity Act.

A more problematic issue is the concept of advertising, because under Polish law it has not been explicitly defined anywhere.

So what is, and what is not, advertising by a medical entity?

Because the concept of advertising has no definition in statutory provisions, to understand it we must turn to its everyday meaning and to the provisions of other statutes. "Advertising" according to the PWN Dictionary of the Polish Language. "Advertising" according to the Broadcasting Act. "Advertising is an activity aimed at encouraging potential customers to purchase specific goods or to use particular services." "Advertising is a commercial message originating from a public or private entity in connection with its economic or professional activity and aimed at promoting the sale of, or paid use of, goods or services; self-promotion is also advertising." In the context of a medical entity's activity, we will therefore consider as advertising any content that: encourages a patient to use the services offered by the medical entity; or is intended to result in more services being provided at a given medical entity.

Advertising of medical entities understood in this way is prohibited in Poland. However, providing objective information about the scope and types of health services provided is not prohibited.

This means that if you plan to share information about your services, you must be able to distinguish advertising from objective information about the services provided and their scope.

In seeking an answer to the question of which content may be regarded as advertising, it is worth referring to the Resolution of the Supreme Medical Council (NRL), which contains advertising guidelines for doctors running individual practices.

Although not all medical entities are directly bound by these guidelines, they can serve as a valuable interpretive reference for all entities carrying out medical activity.

The NRL Resolution in a nutshell. Advertising will, in particular, include content containing: evaluative phrases (e.g., the best clinic, the best equipment), direct incentives (e.g., come and get cured today), "promises" of treatment effectiveness or treatment time (e.g., 100% effectiveness, regain your health in 3 days, instant and infallible results), colloquial or vulgar language (e.g., the most pro doctors), prices and payment methods other than the price list posted on the website or provided via a helpline (e.g., today only 50% off screening tests, come and take advantage!). Advertising will not include objectively presented content concerning: the location, scope, type, and hours of services provided, the number of specialist doctors at the facility, the specializations of doctors seeing patients at a given medical entity, the equipment used at the medical entity. The advertising ban in practice.

Despite the existence of certain guidelines on distinguishing objective information from advertising, each case of specific activity must be assessed individually.

This means that when creating information about the services they provide or planning promotional activities, medical entities should pay particular attention to the content and form in which this information is conveyed.

Below, we present a few examples of messages that may help in determining whether we are dealing with information or advertising: Information. We are at your disposal Monday to Friday from 8 a.m. to 6 p.m. The clinic is located in a renovated building equipped with ventilation and air-conditioning systems as well as facilities for people with disabilities. We offer check-up and diagnostic test packages starting from 39 PLN. The clinic has an imaging diagnostics laboratory equipped with modern diagnostic equipment.

Advertising. We are the longest-open clinic in Wroclaw, working Monday to Friday from 8 a.m. to 6 p.m. The clinic is located in a luxurious building, in the heart of Warsaw's historic district.

Thanks to this, you will feel like royalty with us! We offer the cheapest check-up and diagnostic test packages on the market. Our clinic is equipped with the most modern diagnostic equipment, which ensures the infallibility of test results and a standard unrivaled on the market.

The advertising ban in questions and answers. Does the advertising ban cover the advertising of medical entities on the internet?

Yes.

Medical entities are subject to the same rules regarding advertising on the internet and on social media as they are for offline advertising, such as outdoor or print advertising.

Can doctors hand out leaflets and business cards informing patients about their private practices at the National Health Fund (NFZ) facilities where they see patients?

As a rule, no, unless this is done at the patient's express request and the leaflet or business card is purely informational in nature.

It should be remembered that messages of a purely informational nature do not constitute advertising.

Therefore, if a patient personally asks a doctor, for example, about the possibility of using services outside the public healthcare system or outside the working hours of primary care facilities, then there is nothing to prevent informing them in a neutral manner about the possibility of using services within a private practice, for example, by handing the patient a business card or a leaflet.

It is important, however, that this message be conveyed at the patient's express request.

Can a medical entity have its own fan page or profile on social media?

Yes.

It is important, however, not to post content on the fan page or profile that constitutes advertising of the medical entity.

Can a mobile application for providing health services be advertised?

Absolutely.

The development and distribution of a mobile application is not an activity that falls within the scope of medical activity.

When constructing advertising messages about a mobile application, however, care must be taken to ensure that the messages clearly refer to the application itself and its features, and not to health services and the clinic.

Can medical entities use search engine optimization (SEO)?

Yes.

SEO does not violate the advertising ban on medical entities.

The effect of SEO is not to encourage a patient to undergo treatment or to choose a particular specialist, nor to increase the sale of health services, but merely to improve the display of the website or of information about the medical entity's activity on Google search results pages.

Consequences of not complying with the ban.

By violating the regulations on the advertising of medical entities, you may be exposed to various legal consequences.

First, unlawful advertising of a medical entity may be grounds for initiating an inspection of that medical entity by the registration authorities (the Voivodeship Office, the Medical Chamber).

Advertising that does not comply with the regulations may also be grounds for a doctor's disciplinary liability arising from a violation of the NRL resolution and the Code of Medical Ethics, including, among other things, grounds for imposing a fine.

Moreover, advertising that does not comply with the regulations may constitute an act of unfair competition.

This means that a person whose rights have been infringed or threatened by such advertising may demand, among other things, that the dissemination of such advertising be stopped.

Advertising that does not comply with the regulations may also be grounds for a claim for damages by a person whose rights have been infringed by unlawful advertising.

Advertising of medical entities is also a petty offense, punishable by detention, restriction of liberty, or a fine.

In case law over recent years, however, we will not find many examples of penalties of this kind being applied.

Commentary.

Although under the current legal framework the advertising of medical entities is prohibited in Poland, medical entities undertake a range of activities of an informational and promotional nature.

Whether such activities will qualify as advertising and carry a risk of violating the regulations requires a case-by-case assessment based on the specific content and the context in which that content is to be published.

If you are planning to undertake such activities and are unsure what risk they pose for you, get in touch with us. We will be happy to answer your questions!

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