Dialogue Volume 10 Issue 2 2014 | Page 38

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.