In more detail

Background

In recent years, there have been significant changes to the healthcare landscape in Singapore. Previously, almost all healthcare services were provided from physical "brick-and-mortar" locations. Recently, there have been new emerging healthcare services and models in response to changing care needs and patient expectations (e.g., telemedicine services, community-based care).

Following these developments, the Ministry of Health (MOH) implemented the HCSA to better safeguard the safety and welfare of patients and ensure the continuity of patient care.

Under the HCSA, the MOH requires that certain healthcare services be licensed. The following are some key features of the HCSA:

• Four different modes of service delivery were introduced for each licensable healthcare service.
• Approval from the MOH is required before licensees may provide certain specified services and appoint clinical governance officers.
• Stringent and enhanced advertising controls, to ensure that consumers are not provided with false or misleading information, not enticed to use healthcare services that may not be necessary or pose safety risks to their health and well-being, and are not misled by such advertising into thinking that a person who uses the "Dr." title is a mainstream registered medical or dental practitioner.

For more information, you may access our previous newsletter on Phase 2 of the HCSA here.

Present advertising controls under the HCSA

Under the stringent advertising controls under the HCSA, among other requirements, the following applies to non-HCSA licensees:

• They cannot claim to treat medical conditions or diseases when advertising healthcare services.
• Where the term "Dr." or "doctor" is used, educational qualifications must be stated. Disclaimers must be inserted where the educational qualifications are not medical or dental qualifications and where the subject does not hold a valid practicing certificate in Singapore. Only registered healthcare professionals in Singapore who hold a valid practicing certificate may use the term "Dr." in healthcare service advertising without needing to specify their qualifications or including a disclaimer that their qualification is not a medical or dental qualification.

The penalties for non-HCSA licensees who advertise about the treatment of any ailment, disease, injury, infirmity or condition affecting the human body, and for those who use the term "Dr." without inserting the necessary disclaimers, are a fine of up to SGD 20,000 and/or imprisonment for up to 12 months.

Where officers of a corporation consented or connived, or conspired with others to commit the offense; whether by act or omission know of or are party to the commission of the offense; or knew or ought reasonably to have known that the offense was being committed, and failed to take reasonable steps to prevent or stop the commission of the offense, they would be guilty of the same offense as the corporation.

Push for greater regulation and recognition of psychologists

Psychologists are presently unable to use the term "treatment" and have to make clear that they are not medical doctors in advertisements. It has been reported that there are over 700 registered psychologists who are governed by the Singapore Psychology Society's code of professional ethics, where about 170 hold the "Dr." title.

Among concerns raised, psychologists have cited that the HCSA undermines the role of psychological interventions; implies that psychological therapy may not be effective even when, according to purported latest scientific research, it is the first-line treatment for many mild to moderately severe mental disorders; and may affect the public's help-seeking behavior.

While the term "support" may be used under the HCSA, the industry has called for reform and the possible regulation of the psychologist profession.

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For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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