A doctor has been ordered by the Karnataka Medical Council to provide an explanation for using social media to promote dermatology medications, which is against the Code of Medical Ethics.
Due to social media's growing popularity, more influencers and physicians are using the platforms to bust myths and offer advise to users about health. In one such instance, an OBGYN doctor with over a million Instagram followers recently created a video offering advice on things to take in order to get rid of dark underarms.
The Indian Association of Dermatologists, Venerologists & Leprologists filed a complaint with the Medical Council, which prompted the council to take action.
KMC sent out a notification on July 2, 2024, requesting that the Mangalore-born doctor provide an explanation within 15 days of receiving the notice. In the event that the doctor fails to provide a response, the Council has threatened to take more measures.
The Council stated in the announcement, "I am herewith enclosing a letter of complaint received from The Indian Association of Dermatologists, Venereologists & Leprologists-Karnataka Branch, Bengaluru, alleging Violation of Code of Medical Ethics by advertising Dermatology drugs/medicines on social media, for your reference."
The Council has also requested that the concerned doctor give copies of his KMC Registration Certificate and his educational qualification certificates, in addition to the explanation.
"Hence, under the powers conferred vide Section 16 of Karnataka Medical Registration Act, 1961, Respondent is hereby directed to furnish explanation for the complaint in Duplicate (2 sets) to the Council within 15 days from the date of receipt of this notice in accordance with law, failing which further action will be taken. Please also furnish a copy of your Karnataka Medical Council Registration Certificate and educational qualification certificates," Registrar Dr. Shamrao B. Patil of KMC further added to the notice.
The NMC RMP (Professional Conduct) Regulations, 2023 and the Code of Medical Ethics, 2002 both addressed the topic of physicians and hospitals advertising; however, the Commission eventually withdrew these regulations.
The Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 addressed the topic of advertisement and made the following statements:
6.1 Advertising:
6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical. A physician shall not make use of him / her (or his / her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandizement. A physician shall not give to any person, whether for compensation or otherwise, any approval, recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the following:
On starting practice.
On change of type of practice.
On changing address.
On temporary absence from duty.
On resumption of another practice.
On succeeding to another practice.
Public declaration of charges.
6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. However, printing of sketches, diagrams, picture of human system shall not be treated as unethical."
Section 7.11 of the Regulations stated, "7.11 A physician should not contribute to the lay press articles and give interviews regarding diseases and treatments which may have the effect of advertising himself or soliciting practices; but is open to write to the lay press under his own name on matters of public health, hygienic living or to deliver public lectures, give talks on the radio/TV/internet chat for the same purpose and send announcement of the same to lay press."
The National Medical Commission established guidelines for doctors' behavior on social media in the Registered Medical Practitioner RMP (Professional Conduct) Regulations, 2023.
The NMC had said in these regulations that RMPs were not allowed to prescribe medication to patients or discuss patient care on public social media platforms. When a patient contacts a doctor via open social media, the physician need to direct the patient toward a telemedicine consultation or an in-person consultation if the circumstances demand it.
(Input from various sources)
(Rehash/Priyanka Pandey/MSM)