Advertising of Medical Services and their Legal Regulation

Advertising is and has been the means par excellence to publicize a product or service. Nowadays, with the influence of social networks and the internet, it is much easier to reach thousands of people with a minimum investment of resources, and this is why, when it comes to products and services that involve the health of the population, their advertising must be highly regulated and monitored.

For this reason, the government has not stood idly by, and it is through the Federal Commission for Protection against Health Risks (COFEPRIS) which has undertaken hard work to monitor, correct and punish all those who advertise, irregularly, their products and services, particularly those related to health care.

Indeed, the advertising of medical or health care services, such as general medicine, specialized medicine, nutrition, psychology, optometry, dentistry, and others, is strictly monitored by COFEPRIS.

The verification task is as simple as checking from a computer if advertising broadcast on social networks complies with the corresponding legal and regulatory requirements so that, otherwise, an advertising verification procedure is initiated, which may result in sanctions of Up to one million seven hundred thousand pesos.

But let's not be alarmed either, this can be avoided if adequate preventive work is done; which is why the question arises, What do we need to do to avoid a sanction of such magnitude? Here we share the following key points:

• To have a Notice of Operation and Health Responsible duly filled out and updated. It is important to constantly review it to adapt it to any changes that may exist in the establishment.
• At the time of creating the advertisement, comply with the provisions of the General Health Act And the Regulations of the General Health Act with regard to Advertising, mainly, without ignoring the other regulations and regulations applicable to the service; one of these obligations and very important, for example, that the advertising material must include a caption indicating the educational institution who issued the professional title, the Professional ID number, the institution that issued the specialty diploma And the specialty identification number.
• Although it is an obligation provided for in previous laws, it is so important that it should be highlighted. Depending on the service and advertising material, either a Advertising Notice Or a Advertising Permit.
• Respect advertising presented in the notice or permit, that is, we must not alter what was already notified to COFEPRIS or what was authorized to us.

If the requirements indicated here are met, there should be no problem and advertising can be disseminated without any impediment.

However, what should you do if you have already been notified of an advertising check where irregularities are reported? The first thing is Suspend immediately publicity, and then, with the support and accompaniment of a specialist, to remedy all the points warned by the authority and, finally, to make known to us the actions taken, within the period that has been granted to us.

In conclusion, the ideal way to avoid obstacles in your business and to be able to continue providing your services and helping all your patients, is to be properly advised and to carry out a good prevention and regulatory strategy in terms of advertising.

Do you have questions or would you like help with the topic? At RMG we are experts 😉, we are happy to support you.