August 2023 – On 29 July, the Turkish Ministry of Health published the "Regulation on Promotional and Information Activities in Health Services" (the "Regulation"), which came into effect immediately upon its publication in the Official Gazette. Its primary purpose is to regulate advertising, promotional, and information activities related to health services. The Regulation outlines the scope of these activities, sets forth the principles that must be complied with, and determines the sanctions to be imposed in cases of non-compliance. You can read the full text of the Regulation here (in Turkish only).
What is the scope of the Regulation?
Within the scope of the Regulation, licensed or unlicensed advertising, promotional and information activities targeting health services carried out by (i) health professionals (i.e., doctors, dentists, pharmacists, dieticians, etc.) and (ii) real persons or legal entities, including international health tourism intermediary organisations, are included.
In an era where advertising and promotional activities related to health services have increased and social media is effectively used for this purpose, the new Regulation imposes various obligations on real persons and legal entities providing health services. Among its aims is to protect the personal data of data subjects during such marketing activities.
Below we provide a summary of the main points stipulated under the Regulation.
Which activities are considered advertising, promotional, and information activities?
The Regulation distinguishes between advertising, promotional and information activities in health services, as follows:
- Advertising Activity—relates to private health facilities, the provision of health services, or medical professions in the health field that:
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- aim to generate or increase demand for a product or service and persuade individuals, and
- have the nature of commercial marketing communication.
- Promotional and Information Activity—is provided by private health facilities or doctors and refers to information:
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- related to specialty branches where patients are accepted and treated;
- indicating main or sub-specialties;
- relating to the address and contact data of the health provider;
- related to the health field in which services are provided; or
- relating to a professional or academic title, as professional and academic title information of the healthcare professionals may also be included in these activities.
What are the key points highlighted in the Regulation?
Prohibited Advertising, Promotional, and Information Activities Should Not Be Conducted
The following types of advertising or promotional activities for the provision of health services are prohibited:
- Neither overt nor covert advertising is allowed for the provision of health services. However, promotional and information activities can be conducted;
- Only authorised individuals in the relevant field can provide information about the provision of health services;
- Activities that mislead the public, direct falsely, endanger individual and public health, and create demand and unfair competition through promotional and informational activities are not allowed;
- Health services cannot be marketed with incentives, lotteries, or gifts, and advertisements, promotions, and information for this purpose are prohibited;
- Sharing visual materials that compare treatment effects and create a demand before and/or after the treatment is not allowed;
Any advertising, promotional, and similar activities aimed at organ and tissue donation and reception cannot be conducted, except for the distribution of information with a scientific, statistical, or news character.
Basic Principles to Follow in Promotional and Information Activities for Health Service Delivery
Promotional and information activities related to health service delivery should comply with the principles and rules stated in the Regulation. These principles include, but are not limited to, the following:
- Activities should conform to general morality, medical deontology, and professional ethics;
- Content should not direct patients directly or indirectly to specific healthcare professionals or institutions;
- Statements about medical and treatment methods that lack scientific and clinical evidence should be avoided;
- The promotion should not create a perception that the advertised health service is inherently different or superior to others;
- If the promotional and information activities are part of a social responsibility project or campaign, prior permission from the Ministry of Health is required.
Additionally, it has been regulated that those who violate these principles in their promotional and information activities, as well as those who share such content, will be held equally responsible.
Protection of Personal Data in Promotional and Information Activities
During promotional and information activities that relate to health services, it is essential to comply with the Turkish Law on the Protection of Personal Data No. 6698 and the relevant regulations. The following rules apply for the purpose of promoting and providing information about health services:
- Personal phones cannot be contacted without the individual's explicit knowledge and consent;
- Advertisements and promotions cannot be sent via letter, text message, email, or social media tools without the individual's explicit knowledge and consent;
If visual content related to the patient will be obtained, the explicit consent of the patient should be obtained; the relevant explicit consent form in the annex of the Regulation must be used to obtain explicit consent.
Rules for Visual Content Related to Patients
When using visual content related to patients in promotional and information activities, the following rules must be adhered to:
- Patient Consent and Withdrawal Right: Patients must provide explicit consent for sharing their visual content, and they have the right to withdraw this consent at any time without any conditions or procedures.
- No Adverse Consequences for Refusal: Patients who choose not to give consent for sharing their images should be assured that there will be no negative impact on their diagnosis, treatment procedures, or fees charged.
- Uncompensated Consent: Patients should not receive any form of payment, discount, or gifts in exchange for permitting the use of their visual content.
- No Images During Medical Procedures: Patient images cannot be shared during surgical or medical procedures and in operating rooms.
- No Paid Advertising: Visual content cannot be published as sponsored or for a fee on various mediums, such as print or visual media, social media platforms, or websites.
What are the sanctions in case of non-compliance?
The Regulation stipulates that Turkey's General Directorate of Health Services will regularly monitor promotional and informational activities through press and media outlets and internet sites. Sanction provisions are regulated separately according to the nature of the individuals and organisations that violate the provisions of the Regulation. Accordingly:
- If physicians or dentists violate the Regulation, administrative fines stipulated in Law No. 1219 will be applied.
- If health facilities violate the Regulation, they will be warned twice. If a third violation is detected within a year, the operation of the relevant medical or specialisation unit will be suspended for three days.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
