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As medicine becomes more and more competitive, many healthcare professionals are seeking new and innovative ways to promote their practice.
However, it is important to note that any practice promotion must be conducted in a way that is compliant with relevant guidance and regulation, which in this instance is the Medical Council of Hong Kong’s Code of Professional Conduct. If not, healthcare practitioners may find themselves sanctioned.
Recently, the Medical Council has taken disciplinary action against doctors for a variety of indiscretions when promoting their practice, which were found to be in breach of the code.
In one such case for example, a doctor was found to have revealed medical information about patients as part of their practice promotion on social media, while in another case the Medical Council found a doctor had claimed to have superior skills over others in the profession during a magazine interview.
Punishments for such breaches have been serious with those found guilty of misconduct for breaching the code having their name removed from the General Register for a period of time (although in recent cases operation of the removal order was suspended).
It is for this reason that doctors should be mindful of how they present themselves, and their practice, to the public.
The Medical Council’s Code of Professional Conduct provides good guidance on what is acceptable in terms of practice promotion.
In Section 5.2 of the code, the Medical Council explains that a doctor providing information to the public or their patients must ensure that the information is accurate, factual, objectively verifiable and presented in a balanced manner. These should include the advantages and disadvantages of any proposed treatment.
The Medical Council states that persons seeking advice on medical services for themselves or their families are particularly vulnerable to persuasive influence and should be protected from advertisements and practice promotion in an overly commercial manner.
It further states that practice promotion of doctors’ medical services as if the provision of medical care were no more than a commercial activity is “likely both to undermine public trust in the medical profession and, over time, to diminish the standard of medical care”. As such, section 5.2.1 of the code is explicit, stating that practice promotion should not:
Be exaggerated or misleading
Be comparative with or claim superiority over other doctors
Claim uniqueness without proper justifications for such claim
Aim to solicit or canvass for patients
Be used for commercial promotion of medical and health related products and services (for the avoidance of doubt, recommendations in clinical consultations are not regarded as commercial promotion of products and services)
Be sensational or unduly persuasive
Arouse unjustified public concern or distress
Generate unrealistic expectations
Disparage other doctors (fair comments excepted)
Dissemination of service information to the public and patients is also addressed within the code, and includes detailed descriptions about what may, and may not, be included in practice-based messaging including social media posts, signboards, stationery, practice websites and to the media, and how this should be presented.
Any healthcare practitioners with concerns or questions about how they promote their practice should contact Medical Protection or their indemnifier.
Be vigilant about your social media presence. Ensure any information accessible online is accurate and complies with the Code of Professional Conduct.
Check websites and other materials produced by any clinics and organisations you work with to ensure that the information they provide – including your specialist title and quotable qualifications – are accurate and comply with the relevant Medical Council guidelines.
Consider any requests from organisations requesting your clinical input very carefully, especially if you will not have ultimate editorial control of the final publication or broadcast.
Ensure any signage and any written materials relating to your practice comply with the stipulations set out in the Code.
