Lead image for Guard line between information, inducement in medical advertising must be guarded.
A patient searching online for a cosmetic surgeon, a fertility clinic or a dentist will find no shortage of choices, glossy before-and-after photos, testimonials, discount packages and promises of pain-free recovery. Somewhere between informing a patient and inducing them to buy a procedure they may not need lies a line that regulators are defending.
The Medical Practitioners and Dentists (Practitioners and Health Facilities) (Advertising) Rules, 2016 establish guidelines on what is permissible when promoting services.
The rule is that medicine is a profession founded on trust and altruism, not a commodity to be aggressively marketed. No advertisement is permitted unless it is objective, truthful, dignified and respectful of professional ethics. Such promotions must also steer clear of any attempt to denigrate colleagues or compromise patient confidentiality.
Since the rules came into force, the Council has handled more than 45 cases involving improper advertising.
The rules permit practitioners to advertise facts, their identity, qualifications recognised by the council, registration details, specialisation, business hours, accreditation and published research.
What they may never do is name or picture a patient without consent, create unrealistic expectations of a cure, promise a particular outcome or a faster recovery than competitors, promise a fee waiver if results are not achieved or use deceitful claims.
Touting through intermediaries, unsolicited contact and paid referrals are expressly prohibited.
The rules exist because the patient is rarely in a position to verify a clinical claim. The Kenya National Patients' Rights Charter, 2013, anchors this reality in law.