The National Medical Commission (NMC) has brought the promotion of doctors and hospitals and how they attract patients online under the ambit of medical ethics, prohibiting paid rankings, fake reviews, referral fees, misleading claims and the use of artificial intelligence (AI) to create or manipulate patient testimonials.
The guidelines also target financial incentives for bringing in patients. An RMP cannot offer, pay, solicit or receive a commission, rebate, bonus, gift, gratuity, referral fee, lead-generation fee or other consideration connected with the referral, recommendation or procurement of patients, specimens or materials for diagnosis or treatment. Advertising agencies, digital marketing agencies, influencers and online platforms cannot be engaged in a manner in which payment is linked to the procurement or referral of individual patients. The guidelines prohibit the use of AI to create or manipulate patient testimonials and other promotional material in a manner that misrepresents treatment, outcomes or professional standing. The provisions also cover manipulation of patient images or voices and synthetic endorsements presented as though they came from actual patients or professionals.
Discounts, limited-period offers, contests, coupons, gifts, cashbacks, referral benefits and free procedures are also prohibited where they are likely to encourage unnecessary consultation, diagnostic investigation or treatment. Lawful disclosure of fees and packages can be made if it is factual, transparent and not misleading. For hospitals and medical institutions, the applicable penalty and appellate mechanism under the Clinical Establishments Act or the relevant State law will apply. Where an RMP has authorised, participated in or endorsed prohibited communication, the doctor’s professional conduct can separately be examined by the appropriate medical regulatory authority.
