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code of ethics for doctors

(Querist) 18 September 2009 This query is : Resolved 
I would like to know whether doctors in India(particularly an opthalmologist) can advertise?
I have gone through their code of ethics on the medical council of India website which does not permit advertising.
However I have learnt recently through word of mouth that doctors can advertise but subject to certain guidelines.
I want to know what these guidelines are and where can I find them?
A specific question is that if at all doctors can advertise now(say by forming a company),can do that by forming a pvt. ltd. company?..or they can do so under a proprietorship concern too?
Kindly reply at the earliest!
CA Minalriven
Raj Kumar Makkad (Expert) 18 September 2009
As per my knowledge doctors are bound to follow strictly the guidelines of Medical Council of India which do no permit them to advertise as defined by you hence no question arises for subsequent situations.riven
A V Vishal (Expert) 19 September 2009
( Published on 6, April,2002 in Part III, Section 4 of the Gazette of India)

6. UNETHICAL ACTS : A physician shall not aid or abet or commit any of the following acts which shall be construed as unethical -

6.1 Advertising:

6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical. A physician shall not make use of him / her (or his / her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandisement. A physician shall not give to any person, whether for compensation or otherwise, any approval, recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the following:

(1) On starting practice.

(2) On change of type of practice.

(3) On changing address.

(4) On temporary absence from duty.

(5) On resumption of another practice.

(6) On succeeding to another practice.

(7) Public declaration of charges.

6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. However, printing of sketches, diagrams, picture of human system shall not be treated as unethical.

CA Minal Vora (Querist) 19 September 2009
Thank You Raj Kumar sir.riven
CA Minal Vora (Querist) 19 September 2009
@ Mr A V Vishal...sir I am already aware of these guidelines as i have mentioned in my post but am hoping to get some expert replies on other matters that i have posted therein.


CA Minalriven
A V Vishal (Expert) 19 September 2009
Dear Minal,

There are no guidelines prescribed by MCI wherein you have asked that doctors can advertise. They are bound by the regulations of MCI as mentioned in my previous reply.riven
CA Minal Vora (Querist) 19 September 2009
@^^...thank you.riven

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