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Product Regulation & Liability

Singapore: Ministry of Health investigating potential breaches of advertising guidelines

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In brief

The Ministry of Health (MOH) has commenced an investigation into a company allegedly offering doctors healthcare awards in exchange for signing up for a promotional package. 

The MOH has raised that this is a potential breach of the Healthcare Services (Advertisement) Regulations (HCSAR). 

Background 

Medical practitioners in Singapore have reportedly been approached by a medical tourism platform with the opportunity to be awarded titles such as “Gastroenterologist of the Year” if they opt to purchase a package offered by the company. 

Such packages include being featured in an entire page of the medical tourism platform’s magazine issues on “200 Best Medical Centres/Clinics in Asia” and “December/January Special Awards”, and on its social media pages, these packages have been offered at around SGD 10,000. 

While some medical practitioners have declined the offer, it has been reported that there is at least one medical practice displaying that it has won awards from this medical tourism platform. 

The MOH is investigating this matter on the basis that this may be a potential breach of the HCSAR, which regulates advertisements made by licensed healthcare services providers. 

Applicable advertising regulations

Under the HCSAR, licensed healthcare services providers may display or publish awards conferred on them only if the award pertains to the healthcare provider’s satisfaction of technical standards relating to their provision of healthcare services. The awarding body must also be satisfied that the licensee has fulfilled the technical standards, which include accreditations by Joint Commission International and ISO certifications. 

It is an offence for licensees to display accreditation or awards which do not relate to the attainment of technical standards, punishable with a fine of up to SGD 20,000 and/or imprisonment for up to 1 year. 

The MOH has emphasised that providing offering money or other forms of compensation to guarantee awards is prohibited. This is to avoid the licensed healthcare services provider’s portraying of an unjustified impression of the quality of its services.

Separately, medical practitioners must comply with ethical codes such as the Singapore Medical Council’s (SMC) Ethical Code and Ethical Guidelines (ECEG) and Handbook on Medical Ethics (SMC Handbook), which provide that medical advertising should be factual and verifiable, and not misleading, sensational or laudatory. 

Breaches of SMC’s guidelines may be an offence under the Medical Registration Act, and sanctions may be meted out by the SMC’s Disciplinary Tribunals such as censures, suspensions and even removal of the medical practitioner from the register of practitioners. Although the medical practitioner will be liable for breach of SMC’s guidelines, such breaches may be published in the news and potentially attract negative publicity for all parties involved such as the medical practitioner’s clinic / hospital. 

Key takeaways

The investigation commenced by the MOH illustrates that the MOH is vigilant and prepared to take enforcement action against those who are in breach of advertising regulations. 

Members in the industry, including both licensed healthcare services providers and medical practitioners, should ensure that they comply with advertising obligations, as negative publicity for breaches would outweigh any perceived benefit. 

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© 2023 Baker & McKenzie.Wong & Leow. All rights reserved. Baker & McKenzie.Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “principal” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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