Key takeaways

• There is high practical risk when publishing advertisements on social media platforms and the internet, as such advertisements are easily accessible by potential complainants and regulators. Digital advertisements must be carefully scrutinized to ensure compliance with all applicable regulations.
• The MOH is prepared to take necessary enforcement action against breaches of the Healthcare Services Act (HCSA) and to publicize details of parties who are allegedly in breach of the HCSA. To avoid regulatory penalties and adverse publicity, healthcare service providers should ensure close compliance with applicable regulations.  

In more detail

On 23 February 2024, the MOH reported that it is investigating a clinic for breaches of the HCSA and the Healthcare Services (Outpatient Medical Service) Regulations 2023 ("Outpatient Medical Service Regulations").

The MOH had received information that a clinic had been advertising on a social media platform and its website that patients would be able to obtain a medical certificate in five minutes for SGD 5.99, with no video consultation required. Based on preliminary investigations, medical certificates had been issued to patients after completion of a text-based questionnaire with no video consultation.

The MOH emphasised that as there was no real-time two-way engagement with the attending doctor during the service, patients could potentially provide false or inaccurate responses without any verification made by a doctor and obtain medical certificates without appropriate clinical assessment.

The clinic had also claimed on its website that patients could "Get Your MC or Get a Refund," which is a potential breach of the Healthcare Services (Advertisement) Regulations 2021.

The MOH has issued a notice to the clinic stating its intention to take regulatory action, including a three-month suspension of its remote mode of service delivery under the HCSA and the need to rectify its consultation services to be compliant with the Outpatient Medical Service Regulations. The MOH has also referred the clinic's medical practitioner to the Singapore Medical Council (SMC) for possible breaches under the SMC's Ethical Code and Ethical Guidelines.

The potential penalties of not complying with prescribed advertising requirements 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.

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