The new ERA of Ethical Healthcare Marketing
NMC lays out guidelines of social media do’s and don’ts for medical practitioners
The National Medical Council of India (NMC), on the 23rd of May 2022, has placed a draft under the public domain specifying the professional conduct of a registered medical practitioner (RMP). The 104-page draft titled “National Medical Commission, Registered Medical Practitioner (Professional Conduct) Regulations, 2022” postulates 6 chapters and 45 sections relating to the professional conduct of an RMP.
Among many professional guidelines that highlight the difference between ethical and unethical, the NMC has also defined the practices and restrictions concerning advertisements, promotions and the duties of an RMP towards public health and education.
The use of social media has increased exponentially in the past decade leading it to become an integral part of the globe’s communication channel. From seeking medical advice to searching for the best available healthcare facilities nearby, healthcare consumers seek clinical and emotional support from healthcare providers in terms of wellness information, RMP services, and health education.
This has posed a whole new array of opportunities for RMPs to bridge the never-ending gap between them and the healthcare consumers. The social media platforms, being a part of a daily routine for the world, have allowed providers to reach their target audience with a sense of personal engagement. The use of social media, when selected cautiously, paired with the right approach, audience and time can create enormous marketing potential for RMPs.
However, incautious use of these platforms may also lead to unprofessionalism, violation of privacy, security breaches, blurring of the patient-provider boundary, and defamation, which is why the need to be in defiance of the laws and laid out terms of use has been spelt out by NMC.
How and what can an RMP advertise according to the new draft?
Chapter 2 of “National Medical Commission, Registered Medical Practitioner (Professional Conduct) Regulations, 2022” stipulated the Professional Conduct of RMPs- ‘Restrictions on Advertisement’, which allow a ‘formal announcement’ in print, electronic or social media within 3 months. Any RMP or a medical institution such as hospitals, nursing homes, rehabilitation centres or training institutions can place ‘formal announcements’, in case of the following:
- Starting a new practice
- Changing the type of practice
- Changing address
- Resuming/temporary absence from practice
- Declaring charges
However, these announcements should not, in any form, contain information other than the name of the institution, types of patients treated, training provided, services and facilities and fees.
Role of an RMP towards public education and awareness
Chapter 5 of the draft also specifies the “Duties an RMP towards the public and allied Healthcare Professionals” such as publicise scientific advice on public health issues, directing public health laws and regulations in the best interest, encouraging measures for the prevention of epidemics, pandemics and any or all communicable diseases among the public- through various media, without involving any form of advertisement pr soliciting patients for himself or the institution.
Social Media Conduct: The line between ethical and unethical
Putting a stop to deemed unethical practices of social media marketing by doctors, the NMC has laid out 11 practices on “Conduct of RMPs on social media”. The professional conduct of RMPs in the usage of social media, and communications are also clearly defined along with the fine line between teleconsultation and social media, as key principles to be followed, for the first time.
The guidelines do not state against professional social media profiles or web pages but lay out the terms of communication to be completely factual and verifiable. Maintaining the patients’ right to privacy, the guidelines also state against the use of patient photos, diagnostic reports or images and videos of medical procedures for promotion purposes. They also ask the RMPs to refrain from teleconsultation practices on social media and demarcate grey areas, ask for patient testimonials or endorsements or solicit patients in any form. They also mandate that RMPs, in no form, should buy “likes”, “followers” or invest money in search engine algorithms to rank on top of the pages being searched.
Read in detail the relevant code of conduct from the “National Medical Commission, Registered Medical Practitioner (Professional Conduct) Regulations, 2022” mentioned under Guidelines-6.
CONDUCT OF RMPs ON SOCIAL MEDIA (as taken from the draft)
Key Principles:
- The broader principle of medical ethics should guide the use of social media by RMPs.
- RMPs need to distinguish between telemedicine consultation and social media.
- All written and visual communication should be truthful, respectful, and professional.
Conduct:
- RMPs can provide information and announcement on social media. However, the information should be factual and can be verified. The information should neither be misleading nor deceptive nor should it exploit the patient’s vulnerability or lack of knowledge.
- RMPs should avoid discussing the treatment of patients on public social media or prescribing medicine to patients on the public social media platform. If a patient approaches doctors through public social media, the doctor should guide the patient toward a telemedicine consultation or in-person consultation as the situation warrants.
- RMPs should not post patients’ photographs or scan images (CT/PET scans) on social media. Once an image is posted on social media, it becomes data that is owned by the social media company or the general public.
- RMPs behaviour on social media towards their colleagues should be guided by general principles of medical ethics on professional behaviour.
- RMPs should not directly or indirectly indulge in the practice of purchasing “likes”, “followers”, or paying money so that search algorithms lead to their name being listed at the top or registering on software programs (apps) that charge fees for higher ratings or soliciting patients.
- RMPs should not request or share patients’ testimonials or recommendations or endorsements or reviews on social media.
- RMPs should refrain from sharing images of healed/cured patients, surgery/procedure videos or images displaying impressive results under any circumstances.
- RMP is allowed to share educative material for the information of the general public. However, communication should be limited to the expertise of the RMP.
- RMP’s webpage should also follow the same guidelines as above.
- RMPs should refrain from boundary crossings or violations and conduct themselves with dignity and decorum on social media.
- Soliciting patients directly or indirectly through social media is unethical.
The healthcare marketing perspective is drifting swiftly from provider-centric to patient-centric, which has called for professional conduct guidelines from the National Medical Council. These guidelines that lay out the do’s and don’ts of social media promotions and advertising, demarcate the professional boundaries between RMPs and those with a current or prospective patient.