Advertisement in health sector

ABSTRACTThe Concept of Commercials was born with the exchange between people sowith the modern description it began with the beginning of trade.The commercials recorded a great development in the 20th century and gaineda bigger importance as the usage of radio started and was widespread the same afterwith the TV.Commercials which is an elementary communication action regarding thepersentation of goods and services, in our present time is one of the most importanttools that provides the demonstration of the goods and services and is a bridge inbetween the manufacturer and the consumer.Cunsequently the inspection of the commercial became obligatory as the useof these commercials may cause important results regarding both the consumersand the competing companies. In this meaning 3 different methods are being appliedto struggle aganist the commercials which are in vialotion of the regulation. Theseare; private law suits, administravie inspection and self policing.When we take a look at the special regulations in the EC Legislation regardingtha Health Sector, it is observed that it is serving as a source especially to theharmonisation studies of Turkey to EC. The hospital and the doctor commercials areleft upto the domestic regulations of each goverment with the condition that they docomply with the general aspects of the Commercial Law in EC.From the point of the National Regulation, it is recognised that some of thecommercials in healt sector are forbidden and others are bounded to limits as thecommunity health has a great importance.Private Hospitals and the other health establishments may do presentations andinformation demonstrations that would develop and protect health. Within theviiicoverage of the Information and presentation actions, statements which includemisdirecting, fulsome, scienctifically unproven knowledge and presentations whichare to gain demand can not take place.These establishments may give information about their service fields and aboutservice openings and may give adds and make presentations which are bound to limitin order to inform the community. The signboards of these establishments regardingthe dimentions and the content must comply with the basis of the relative regulationIn the legislation regarding the doctor advertisements, it is permitted that thedoctors can broadcast or publish adds, stating their speciality field and Office daysand hours which would also not be deceptive and would not couse unfaircompetition, but apart from this they are forbidden to publish written or spokenmeans of advertisements and are forbidden to use signboards which are not fittingwitin the frame allowed by this law.Forasmuch as the legislation contains similar arbitraments for the veterinaries,pharmacists and opticians.If the commercial in the health sector are determined regarding themedications, it appears that according to the legislation it is forbidden to publishcommercials for the medications which are subject to sales only with doctors?prescription and it can be said that the domestic law is already harmonised within. Itis just that the demonstration of the so said medication can be made in medicinejournals and magazines.Provided that, the legislation contains conflicting statements regarding theadvertisement of the medication which are permitted for sales. The legal regulationfor the advertisement of medication is ?spermaceti and medical preperations law?and is in force since 1928 and draws the borders of the advertisement for prescribedand unprescribed medication with the article 13.The regulation which became effective on 23rd October 2003 ?Regulation ofthe Avertisement of Human Medical Products? was prepared paralel with the ECixAcquis Communitaire and contains the details of the subject. But The State Counsilhas decided to stop the execution of this regulation with the legal ground that theexecution of the articles 4/d,5/a,7/1-6 ve 8 of the regulation is not lawfull.Event though the Law permits the medication which are subject to saleswithout prescription to be presented to the community by newspaers and decsriptionswith bounding limits, the regulations permits these medications to be advertised byany tools as radios and TV as it is complyin with the EC Acquis Communitaire. Butin the name of norm hierarcy the relative desicion of the Law is still holding itsvalidity.On the other hand, the demonstrations on these human medical products to themembers of the health profession, visits of medical sales representatives to doctorsoffices and dentist offices, distribution of samples, the sponsorship of thedemonstration meetings to which the members of health prosession attend,sponsorship of the congresses to those the members of health profession attend andespecially paying the expenses of these congresses regarding the trip andaccomodation of the said members is within the bounded limits of free actionsregarding commercial medication advertisements.However; it is forbidden with general and special regulations that theadvertisements of the both medication that are subject to sales even with or withourprescription may not contain deceptiveness, may not be advertised implicitly andmay not contain comparisions which are forbidden according to the AdvertisementRegulation.x