Advertisement Requirements for Traditional and Modern Health Services

Minister of Health Regulation No. 1787/MENKES/PER/XII/2010 of 2010 on Health Service Ads and Publications (“Regulation”) was issued to protect health service users from misleading health service advertisements and publications. The Regulations also implements Article 29 and 30 of Law No. 44 of 2009 on Hospitals.

Article 1 (1) of the Regulation defines health service advertisements as persuasive audio, visual, and written communication on health services to obtain the public’s interest. Additionally, Article 1 (2) defines a health service publication as an announcement or dissemination of information to the public in order to promote or introduce a health service.

Pursuant to Article 2, the Regulation covers all health service advertisements and publications, including traditional medication and alternative complementary medication.

The Regulation, under Article 4 (1), states five requirements that have to be fulfilled for each advertisement and publication:

a.         accurate data, facts, and information;

b.         evidence-based;

c.         informative;

d.         educational;

e.         accountable

The advertisements and publications, pursuant to Article 4 (2), have to include the name and the address of the health service, as well as the date of publication.

Under Article 5, the Regulation prohibits advertisements and publications that contain:

a.         phony information and statements;

b.         a comparison between the health service and another similar health service;

c.         an advertisement on narcotics and psychotropics.

Pursuant to Article 8 of the Regulation, paramedics are not allowed to be models on drug ads, medical equipment ads, or medical supplies ads, except for in a public service advertisement.

In order to supervise the advertisement and publication of health services, the Minister of Health could establish an Assessment and Supervision Team on Health Service Advertisements and Publications.

Pursuant to Article 11 (4), the Team will report to the Minister of Health and the regional government. Based on that report, the Minister of Health and the regional government can instruct health service providers to revoke their advertisements and publication.

Article 14 sets out the sanction for violations of the instruction. Pursuant to Article 14 (4) (a), the Minister of Health and the regional government could revoke the license of the health service provider temporarily or infinitely.

The Regulation has been in force since 28 December 2010.

A regulatory framework of the Health Industry is found in ILD No. 194  19February 2011.