In an era where social media has become one of the most efficient forms of advertising, many medical professionals are using reels, posts, and other forms of social media content to promote their services. The emergence of social media platforms and technologies has led to significant changes in the way patients access health information.
With the rapid rise of such advertisements, there has also been an increase in instances of false and misleading advertisements by medical professionals, which may cause significant harm to audiences. The Dubai Health Authority (DHA) has therefore laid down standards to regulate Medical Advertisement Content on Social Media (SMA).
The standards address the use of professional titles, accuracy of medical information, advertising claims, patient consent, patient privacy, pictures and videos, and the responsibilities of Medical Directors and healthcare professionals.
Are You Using the Right Professional Title?
The use of titles by medical or healthcare professionals must be consistent with the title stated on their DHA licence. Specifically, titles such as:
- Cosmetic Specialist/Consultant
- Aesthetic Specialist/Consultant
- Aesthetician
- Cosmetologist
- Diet Specialist/Consultant
- Beauty Specialist/Consultant
- Anti-Aging Specialist/Consultant
- Cosmetic/Beauty Expert
must be used accordingly.
The title “Dr.” or “Doctor” may only be used by physicians, dentists, and other healthcare professionals holding a recognised PhD. PhD holders must ensure that their certificates are attested and recognised by the UAE Ministry of Education Higher Education.
Can Doctors Make Any Claims About Their Services?
A doctor has an ethical and legal responsibility for what is published, as patients or consumers may not have sufficient knowledge to properly assess the information to which they are exposed.
Healthcare professionals who advertise their services must have the necessary education, training, and experience to provide the service being advertised. Anything stated or suggested in a healthcare advertisement, particularly claims regarding treatment results or outcomes, must be supported by evidence. The advertisement must also mention the risks associated with the treatment.
Prohibited Expressions Under the Standards
The following expressions are prohibited under the standards:
“unique,” “one of a kind,” “the best,” “exclusive,” “safest,” “the only,” “incomparable,” “unprecedented,” “magic,” “miraculous,” “assured success,” “very limited quantity,” “has no side effects,” “100%,” “absolutely certain,” “distinguished,” “famous,” “pioneer,” “immediate results,” etc.
Negative statements against healthcare professionals, healthcare facilities, or government entities are also prohibited.
What Products and Services Can and Cannot Be Promoted?
Healthcare professionals and health facilities should avoid promoting:
- Non-therapeutic products;
- Products and services not directly related to healthcare;
- Products and services that are not proven to be healthy or sound;
- Products that are not supported by clinical evidence; and
- Products that adversely affect health.
Healthcare professionals can promote health information as part of public health campaigns and public health activities, as well as raise public health awareness regarding particular products and services.
Are You Being Paid to Promote a Product? Then Disclose It.
If a healthcare professional receives financial benefits from promoting healthcare or non-healthcare products, they should ensure that such benefits are transparently documented and disclosed to patients.
Patient Privacy and Consent Before Posting
Patient privacy and confidentiality must be protected at all times, particularly on social media. Healthcare professionals must obtain informed consent from a patient before disclosing health-related information. The consent should cover everything that is posted and should not exceed the period for which consent was provided.
Can Doctors Film or Livestream Medical Procedures?
Medical professionals are prohibited from filming or live-streaming for social media advertising while a patient is undergoing a minor or major surgery, or while in procedure rooms in a DHA-licensed health facility, for the purpose of promoting the healthcare facility.
Before-and-After Photo Requirements Under DHA Standards
Written consent should be obtained and documented before using patients’ photographs, videos, or statements.
Before-and-after pictures should be of the same person, and the same lens should be used without using any photo enhancement tools. The advertisement should include a statement that there is no guarantee that the same results will be achieved by everyone. The potential risks should also be included.
Can You Use DHA’s Name or Logo in Your Post?
A health facility or healthcare professional must not use the DHA logo or name in social media content without explicit written approval.
Scientific Information vs. Personal Opinion
A healthcare professional should specifically mention whether the information being provided is based on scientific evidence or represents the personal opinion of the medical professional.
Conclusion
As social media continues to play an important role in healthcare advertising, medical professionals must ensure that their content complies with the applicable DHA standards. Accurate information, appropriate professional titles, patient consent, privacy, and responsible advertising are essential when publishing healthcare-related content.
We at Ayesha Aldhaheri Advocates & Legal Consultants, we assist healthcare professionals and healthcare facilities with their legal and compliance requirements relating to healthcare advertising and social media content. We also help clients stay informed and updated on new developments in applicable laws and regulations.