Medical beauty clinicphysicianHuang Zhongli published a medical article on Facebook 8 years agoadvertiseI was fined 50,000 yuan by a health unit and filed an administrative lawsuit to resist the fine. The judge in charge believed that the medical law prohibiting doctors from advertising medical treatments was unconstitutional, so I filed a lawsuit.Interpretation of the Constitution；Constitutional CourtToday, we believe that the medical law prohibits doctors from publishing medical advertisements, which violates constitutional protections.freedom of speechthe judgment is unconstitutional and will become invalid with immediate effect.
The Constitutional Court held that the relevant provisions of the Medical Law are mainly to prevent doctors from publishing medical advertisements, causing management difficulties, and to avoid inappropriate advertisements to protect national health. The legislative purpose does not violate the Constitution, but the Medical Law prohibits doctors from publishing medical advertisements, which is inconsistent with the intention. There is no substantial connection between achieving the goal of safeguarding national health.
The Constitutional Court pointed out that medical practice is a very complex and professional business, and doctors provide relevant and appropriate information to help patients make medical choices. In order to implement patients’ autonomy, prohibiting doctors from advertising medical treatments may not be conducive to safeguarding national health.
Furthermore, my country’s Medical Law allowed physicians to publish medical advertisements from 1943 to 1986. During this period of more than 40 years, no information has been provided by the health and welfare agencies. It is inferred that once doctors are allowed to publish medical advertisements, they will make inappropriate medical advertisements.
As for the legislators’ reason for prohibiting doctors from publishing medical advertisements because they should in principle practice in medical institutions, the Constitutional Court held that doctors can perform business outside medical institutions if they meet certain conditions, not to mention that they can only work in the same medical institution. Therefore, whether doctors can independently publish medical advertisements and whether medical institutions can publish medical advertisements are two separate things.
The Constitutional Court pointed out that the part of the Medical Law that prohibits doctors from publishing medical advertisements is inconsistent with the Constitution’s intention to protect freedom of speech and will become invalid immediately. Therefore, medical institutions and doctors can publish medical advertisements, but it does not include other institutions, medical personnel or ordinary people. . As for medical advertisements made by doctors, until the relevant laws are amended, they should still be subject to the same controls as medical institutions in accordance with the current laws.
In 2015, Huang Zhongli posted on his Facebook fan page “PRP microneedle treatment”, “Nasolabial folds, crow’s feet and other facial fine lines have been significantly reduced”, “95% of customers feel that the treatment is effective”, “Many We have also used PRP to solve the problems of baldness and hair loss.” “This year we have introduced the latest water-light gun all-in-one therapy.” The Taipei City Health Bureau found that it violated the medical law and fined it NT$50,000.
Huang proposed administrative litigation relief. Wu Jiahua, the then judge of the Administrative Litigation Tribunal of the Taipei District Court, believed that the medical law completely prohibited doctors from making medical advertisements, infringed on doctors’ freedom of speech and professional freedom guaranteed by the constitution, and violated the right to equality and was at risk of being unconstitutional, 2021 petitioned for an interpretation of the Constitution.
The ban on doctors publishing medical advertisements is unconstitutional and will immediately expire. The reasons for the Constitutional Court’s ruling are exposed.
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