If you are a doctor, healthcare professional, or represent an institution in the field, promoting your services can be an excellent way to attract more clients and generate more revenue, but this practice requires attention and great care.
It turns out that medical marketing doesn't work the same way as traditional marketing and is governed by specific ethical standards and legal regulations.
If you are not yet familiar with these issues, take a look at our previous article, in which we explained what Medical Marketing is and what standards govern its performance.
Now, if you already know what Medical Marketing is, in this article you will understand everything that cannot be done when promoting your work and/or institution.
What is not allowed in medical marketing?
When in doubt, anything not explicitly authorized should not be done. However, there are certain practices already determined by both law and the Federal Council of Medicine (CFM) as completely prohibited.
The following practices are not permitted in medical marketing:
To advertise oneself as an expert without being one
It is not permitted to disclose treatments for specific systems, organs, and diseases without holding a specialist qualification. This also includes any communication that could lead to patient confusion.
Assigning privileged capabilities to equipment
Any disclosure or communication that suggests the professional or institution has privileged access to any type of technology and/or equipment is prohibited.
Especially when the communication suggests superiority over another professional or institution in the healthcare field.
Distributing unregistered equipment or medication
The advertising of medicines and equipment not approved by Anvisa (National Health Surveillance Agency) or other bodies or agencies that succeed it is not permitted.
Participating in marketing efforts to guarantee results
The participation and promotion of any medication, medical supplies or equipment, food, or any other product that implies a guarantee of results is prohibited.
The same applies to awarding quality seals or any other form of approval to food, sports, and hygiene products that implies a guarantee of results without scientific proof or with a commercial bias.
Deceptive advertising
Participation in or contribution to the dissemination of misleading advertising of any kind is strictly prohibited.
Dissemination of an unrecognized technique
The dissemination or promotion of any method or technique not recognized by the Federal Council of Medicine (CFM) is prohibited.
Assignment of privileged capacity
It is forbidden to disclose, communicate, or advertise anything that attributes to a professional or institution privileged capabilities regarding techniques, methods, technologies, equipment, and related items.
In other words, it conveys superiority or exclusivity in the use of techniques or devices, even if it is the only one using them.
Offering services through a consortium
It is prohibited to offer services through consortium systems and similar arrangements.
Display images transmitted in real time
The broadcasting and distribution of images of procedures, consultations, and related content transmitted in real time is prohibited. The same applies to techniques or methods of treatment, regardless of whether or not there is express authorization from the patient.
The use of this type of image is only permitted for scientific work and events, and is intended solely for physicians and medical students upon presentation of proof.
Furthermore, even in this situation, prior authorization from the patient or their legal representative is still required.
Offering consultations to friends and family as a substitute for in-person consultations
It is prohibited to offer consultations to relatives, family members, or acquaintances in a way that substitutes for an in-person medical consultation.
This includes: providing medical assessment, recommendation, or advice.
However, this decision may be made more flexible in light of specific telemedicine regulations.
Guaranteed results
Guaranteeing, promising, or implying good results in treatment or procedures is prohibited.
To be associated with awards, contests, honors and similar events
It is not permitted for a healthcare professional or institution to authorize or fail to prevent their name or image from being used in association with contests, awards, or honors that confer titles indicating the superiority of one professional over another.
In other words, declaring that a professional is "The best," "The greatest," or "The only one.".
Advertising when you're an investor
It is prohibited to advertise or display advertising material for companies in the pharmaceutical, optical, orthotics and prosthetics, or medical supplies sectors in medical offices or premises when acting as an investor.
Maintaining a consulting room in commercial establishments
It is forbidden to have or maintain a consulting room inside establishments in the pharmaceutical, optical, orthotics and prosthetics, or medical supplies sectors.
To behave in a sensationalist manner or in a way that generates unfair competition
Any practice in which a professional or institution behaves in a sensationalist or self-promotional manner that constitutes unfair competition, using adjectives that denote superiority or disseminating false or defamatory content, is prohibited.
Final remarks on Medical Marketing
As you may have already noticed, due to a number of legal and ethical issues, there is a vast difference between medical marketing and traditional marketing.
However, there are still situations that, although not explicitly prohibited, still require attention.
For example: if a recurring pattern of sharing third-party publications or posts is identified, even if not shared by the doctor, that repeatedly and systematically praise the technique and results of procedures, it is the duty of the Medical Affairs Dissemination Committee (Codame) to investigate this matter.
Another point to consider is that, as a representative of Medicine, when giving interviews to any channel or news outlet, the doctor must refrain from self-promotional conduct aimed at attracting clients or that suggests superiority and/or privileged ability.
In this case, the professional is restricted from disclosing any means of contact, physical or virtual address, among other things.
But how can a doctor publicize their professional qualifications?
Dissemination of technical qualifications
Generally speaking, a doctor can only present themselves as a doctor and practice in the field if they complete their medical degree and register with the Regional Council of Medicine (CRM).
To be considered and advertised as a specialist, on the other hand, requires that, in addition to graduation and CRM registration, the doctor has the Specialist Qualification Registration number (RQE), and may also advertise other qualifications such as lato sensu in areas related to the specialty.
postgraduate course lato sensu, provided they are duly registered with the CRM (Regional Council of Medicine) and that this publicity is in the following format:
Physician with postgraduate studies in [postgraduate area] - Non-specialist.
The same applies to postgraduate programs (stricto sensu) duly registered with the CRM (Regional Council of Medicine).
It is important to remember that physicians holding a specialty title are permitted to advertise up to two specialties and areas of practice related to their specialty.
Furthermore, in the production of advertising materials, it is necessary that the title of physician be accompanied by the CRM registration number, and the specialist title be accompanied by the RQE registration number.
But what can be done in Medical Marketing?
To understand what can be done in Medical Marketing, as well as the specifics of each practice, we have prepared a specific article covering everything that can be done in Medical Marketing.
Click here to learn more about permitted medical marketing practices.
The information used to construct this article was obtained from the Medical Advertising Manual, updated to the date of publication, and is subject to change.
