PRACTICE PARTNER
Q. What is considered a testimonial and why
is this form of advertising prohibited?
Q. Can physician advertising promote specific
drugs or treatments?
Testimonials include personal declarations of subjective
opinions, often from satisfied patients affirming the
performance, quality, and/or value of a product, service
or treatment. They may take the form of statements,
in either the first or third person, or images such as
“before-and-after” photographs. When used for advertising purposes, testimonials are typically screened,
and only positive, subjective opinions publicized. This
unbalanced view can be misleading and can unrealistically raise patient expectations. Furthermore, testimonials contain subjective information that is non-verifiable
and cannot be objectively measured, and often does not
foster good decision-making by patients.
No, physician endorsement of products is not allowed.
The regulation clearly states that members are not
permitted to allow their name to appear in any communication offering a product or service to the public, or
otherwise be associated with the promotion of a product or service. However, a member can promote their
own medical services as long as the communication,
advertisement or promotion is otherwise in accordance
with the regulations.1
1. The Inquiries, Complaints and Reports Committee (and formerly the Complaints Committee) has determined that the advertising regulation does not
prohibit doctors from using the term “Botox” as long as the use is otherwise in accordance with the advertising regulations. This is because Botox has become
part of ordinary lexicon denoting a procedure for facial enhancement rather than a specific drug or product. However, the federal Food and Drug Regulations
(a regulation made under the Food and Drugs Act) prohibits advertising of prescription drugs to the general public beyond the mention of the brand name, the
proper name, the common name and the price and quantity of the drug. Health Canada interprets this to include Botox and therefore has determined that the
promotion of Botox, which includes the therapeutic indications and benefits of the product , contravenes the Food and Drug Regulations.
Ensuring Confidentiality of Health Information
stances ought to be limited to basic
information about the patient’s
general state of health.
abilities in my practice? How am
I communicating consideration of
confidentiality to all members of
my health-care team?
In order to move confidentiality
from a theoretical concept to a
manifest reality, physicians should
be regularly asking; what am I doing to maintain confidentiality in
my practice? Where are the vulner-
As technologies evolve, already
complex legal requirements regarding confidentiality become even
more daunting. It is important
for physicians to remember that
they do not practise in a vacuum.
...Continued from page 36
38
DIALOGUE • Issue 2, 2014
Seeking the support of the CMPA
as well as the Physician Advisory
Service of the CPSO can provide
physicians with valuable resources
as they strive to maintain the
confidentiality and the trust of their
patients.