S.L. 350.30 Art. 146 [

Programmes involving Medical Matters

14.1. Programmes involving medical matters should be guided by the following:

(a) the purpose of such programme should not be advertorial, whether implicit or explicit, but should be informative, educational or entertaining;

(b) uniforms or logos of hospitals or clinics should not be allowed as they are considered to constitute surreptitious advertising;

(c) it is allowed to refer to a medical treatment provided its positive and negative aspects are mentioned but it will not be acceptable to mention only the positive METHODS OF ADVERTISING AND DIRECTIONS APPLICABLE TO MEDICINAL S.L.350.30 PRODUCTS AND TREATMENTS aspects of such treatments. The producer must also ensure that the programme is balanced when dealing with such positive and negative features;

(d) a representative of the hospital or clinic which sponsors or advertises in that programme shall not administer a particular treatment. 14.2. Health care professionals and programme producers should consult the websites of the Medical Council, the Pharmacy Council and the Council for Professions Complementary to Medicine as to the laws which these Councils administer and as to any codes and guidelines which may be issued from time to time. Such persons should also consult the websites of the Medicines Authority and of the Health Division and any related websites for relevant applicable legislation. 14.3. By way of guidelines, before a health care professional participates in a programme, s/he should consider the following:

(a) the context of the programme - is it sponsored by a commercial medical entity, clinic or hospital?

(b) is the programme aimed at publicizing the services provided by any medical entity, clinic or hospital?

(c) can the programme be considered as an advertisement for the medical entity, clinic or hospital sponsoring the programme?

(d) can the presence of the medical practitioner, dental practitioner or pharmacist be perceived or interpreted as an endorsement of the facilities or services provided by the medical entity, clinic or hospital?

(e) is the role of the health care professional an educational one or is s/he using such appearance to publicise his or her skills in a specific area?

(f) is the information given by the practitioner on the medical topic s/he discusses adequate for a lay person to take an informed decision?

14.4. Persons who are not registered or warranted by the Medical Council, the Pharmacy Council, the Council for Nurses and Midwives, or the Council for Professions Complementary to Medicine may not provide advice on the broadcasting media on those subjects which fall within the remit of the registered or warranted professionals by the said Councils.