PRACTICE PARTNER
Regulations based on principles of fairness and professionalism
W
hat are physicians’ legal and ethical obligations when it comes to advertising their
practices, and where is the line appropriately
drawn? The answer is grounded in both the ethical
tenets of the profession, and legal obligations under
Ontario’s Medicine Act.
Physicians often ask us how to appropriately apply
the regulations that govern physician advertising. In
interpreting these regulations, it is helpful to keep their
intent in mind. The advertising regulations are based on
principles of professionalism and fairness. Their intent
is to ensure that physician advertising is useful to the
public, not misleading and delivered in a manner that
is dignified, comprehensible, and verifiable. For further
clarification, here are some of your most frequently
asked questions.
Q. Are physicians permitted to advertise
medical services?
Yes, physicians are permitted to advertise in accordance
with advertising regulations under the Medicine Act. The
regulations that govern physician advertising restrict the
type of information contained in this form of communication, and the medium utilized for distribution.
Physicians may communicate any factual, accurate
and verifiable information that a reasonable person
would consider material in their choice of physician.
The information contained in advertisements must be
useful to the public, not misleading, and be capable of
verification. Physicians may advertise in any medium
available equally to all interested members, and must
exercise professional judgment to ensure advertising is
professional, verifiable and not misleading or deceptive.
Q. Are physicians allowed to contact patients
about a new therapy that may be of benefit?
Yes, the legislation clearly permits such communication.
Specifically, the regulations allow for communication
Physicians m
ay commun
icate any
factual, accu
rate and veri
fiable information th
at a reasona
ble person
would consi
der materia
l in their
choice of ph
ysician.
with re