Dental and medical advertising: comparative analysis of the rules of professional conduct

MAGALHÃES, Luciana Vigorito; RECALDE, Tamara Soledad Frontanilla; COLTRI, Marcos Vinícius; BARBOSA, Hermes de Freitas; GUIMARÃES, Marco Aurelio; SILVA, Ricardo Henrique Alves da

doi:10.1590/1981-8637201800020000103472

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Sumário

ORIGINAL • Rev Gaúch. Odontol. 66 (02) • June 2018 • https://doi.org/10.1590/1981-8637201800020000103472 copy

Dental and medical advertising: comparative analysis of the rules of professional conduct

Publicidade odontológica e médica: análise comparativa das normas profissionais

Authorship SCIMAGO INSTITUTIONS RANKINGS

ABSTRACT

In health care professional activities, advertising is an issue that raises serious discussions and is the cause of some ethical suits in professional entities, since every advertising should follow the provisions of the Code of Professional Responsibility. Therefore, this research study aimed at analyzing, comparing and discussing articles related to advertising and marketing, considering the current regulations from dental and medical entities. In Dentistry, this subject is ruled by the Code of Professional Conduct, Chapter XVI, ‘From advertising and marketing’. In Medicine, information is found in two regulations and in several chapters of the Code of Medical Ethics and in Resolution No. 1.974/2011 of the Federal Council of Medicine, which establishes the guiding criteria for medical advertising. The three regulations present articles that refers to participation in mass media, required information in advertisements, use of sensationalism and self-promotion, and publishing of unproven specialties and titles, highlighting the importance of these topics. The medical regulation also includes participation in publishing ads of manufacturing companies and an exclusive committee to deal with advertising and marketing issues, topics that are not considered in the dental regulation.

Indexing terms:
Forensic Medicine; Health care marketing services; Legal Dentistry

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[1] Correspondência para / Correspondence to: LV MAGALHÃES. E-mail: <vigorito.lu@gmail.com>.

Regulation	Code of Professional Conduct (CPC)	Code of Medical Ethics (CME)	Resolution nº 1.974/2011 FCM
Subject	Code of Professional Conduct (CPC)	Code of Medical Ethics (CME)	Resolution nº 1.974/2011 FCM
Advertising services such as awards for contests or being involved in contests with a promotional purpose	Art. 44, subsection X	Art. 71	Art. 12
Publishing titles that cannot be proven or specialties not registered in the Council	Art. 43, subsections I, II and III
Art. 44, subsections II and III	Art. 115	Art. 3^rd, item “a”
Presenting, as his/her own, findings or scientific work that are not his/hers	Art. 49, subsection II	Art. 117	---
Professional social media shall follow the regulations as well	---	---	Art. 13*
Exclusive committee to address disclosure issues	---	---	Art. 14 Art. 15
Advertising courses related to his/her specialty registered in the Council	---	---	Art. 4^th, Sole Paragraph
Advertising in non-scientific media method not approved/recognized	Art. 44, subsection III Art. 49	Art. 113	Art. 3^rd, item “f”*
Disclosing any information allowing patient identification	Art. 14, subsection III Art. 44, subsection VI	Art. 75	Art. 3º, item “g” Art. 10
Inducing working areas	Art. 44, subsection VIII	---	Art. 3^rd, item “b” e “h”
Required information in advertising	Art. 43	Art. 118	Art. 2^nd Art. 5^th
Offering free of charge service	Art. 44, subsection IX	---	---
Participating in advertising made by manufacturing companies	---	Art. 116	Art. 3^rd, item “c”*
Participating in mass media	Art. 44, subsection V	Art. 111 Art. 114	Art. 8^th
Participating in discount card programs, collective buying programs and similar actions	Art. 32, subsection XIII Art. 44, subsection XIII	Art. 72	Art. 3^rd, item “i”
Prohibition of selfies	---	---	Art. 13, Paragraph 2^nd*
Joint responsibility among the beneficiaries of illegal advertising	Art. 45 Art. 46	---	---
Use of sensationalism or self-promotion	Art. 47	Art. 112	Art. 9^th, Paragraph 1^st and 2^nd
Use of illegal advertising tools that characterize unfair competition	Art. 44, subsection VII	Art. 51	Art. 9^th, item “b” Art. 13, Paragraph 2nd*
Publishing misleading and abusive advertising with expressions or images ‘before and after’, prices, free of charge services and payment methods	Art. 44, subsection I	Art. 112	Art. 3º, items “d”, “g” and “k” Art. 13, Paragraph 4^th*