Regulation on Promotion and Information in Health ServicesACTIVITIES FIRST SECTION Initial Provisionsgulation on Promotion and Information in Health Services PROMOTION AND INFORMATION IN HEALTH SERVICES REGULATION ON ACTIVITIES FIRST SECTION Initial Provisions Purpose ARTICLE 1- (1) The purpose of this Regulation is to determine the basic principles and criteria related to progulation on Promotion and Information in Health Services PROMOTION AND INFORMATION IN HEALTH SERVICES REGULATION ON ACTIVITIES FIRST SECTION Initial Provisions Purpose ARTICLE 1- (1) The purpose of this Regulation is to determine the basic principles and criteria related to promotion and information activities in health services, to supervise these activities and to regulate the procedures and principles related to the sanctions to be applied. Scope ARTICLE 2- (1) This Regulation covers health professionals, promotion and information activities carried out by all health institutions, organizations, institutions and international health tourism intermediary organizations that belong to real and private legal entities providing health services and operate with a permit, certificate of conformity or license issued by the Ministry of Health in accordance with the relevant legislation, as well as promotion and information activities carried out by persons, institutions and organizations that do not have authority, permission or license in the field of health service provision.CLE 2- (1) This Regulation covers health professionals, promotion and information activities carried out by all health institutions, organizations, institutions and international health tourism intermediary organizations that belong to real and private legal entities providing health services and operate with a permit, certificate of conformity or license issued by the Ministry of Health in accordance with the relevant legislation, as well as promotion and information activities carried out by persons, institutions and organizations that do not have authority, permission or license in the field of health service provision. Fulcrum ARTICLE 3- (1) This Regulation has been prepared on the basis of the Law on the Execution of the Style of Medical and Medical Services October 11, dated 11/4/1928 and numbered 1219, Article 9 (c) of the Basic Law on Health Services dated 7/5/1987 and numbered 3359, article 1 (e) of the first paragraph of Article 355 of the Presidential Decree No. 1 on the Organization of the Presidency and article 508.CLE 3- (1) This Regulation has been prepared on the basis of the Law on the Execution of the Style of MARTICLE 3- (1) This Regulation has been prepared on the basis of the Law on the Execution of the Style of Medical and Medical Services October 11, dated 11/4/1928 and numbered 1219, Article 9 (c) of the Basic Law on Health Services dated 7/5/1987 and numbered 3359, article 1 (e) of the first paragraph of Article 355 of the Presidential Decree No. 1 on the Organization of the Presidency and article 508. Definitions ARTICLE 4- (1) The provisions of this Regulation; a) Ministry: The Ministry of Health, b) General Directorate: General Directorate of Health Services, c) Commission: Promotion and Information Activities in Health Provincial Evaluation Commission, ç) Directorate: Provincial health directorate) Commission: Promotion and Information Activities in Health Provincial Evaluation Commission, ç) Directorate: Provincial health directorate, d) Advertising: Announcements in the form of commercial marketing communications carried out in any medium by written, visual, auditory and similar means in connection with private health facilities, health service provision or medical professions in the field of health, in order to create demand for a product or service or to increase demand and convince people, e) Health professional: Physician, dentist, pharmacist, nurse, midwife and optician and other professional members defined in Oct. 13 of the Law No. 1219 professional: Physician, dentist, pharmacist, nurse, midwife and optician and other professional members defined in Oct. 13 of the Law No. 1219, f) Health facility: All health institutions, organizations and institutions belonging to natural persons and private legal entities where health services are provided, g) Promotional and informational activities: For private medical facilities, patient admission and treated specialty branches, address and contact information, as well as health-protective and developmental information related to the health field served, for physicians, professional and academic title, as well as major and minor specialties specified in Law 1219, examination days and hours, time and place of admission of the patient, and information related to the health service they are authorized to provide, including health-protective and developmental information related to the health service they are authorized to provide.; activities that are not misleading and deceptive, do not endanger human health, do not create a demanding and unfair competitive environment and do not fall within the scope of the advertising definition, expresses.activities that are not misleading and deceptive, do not endanger human health, do not create a demanding and unfair competitive environment anactivities that are not misleading and deceptive, do not endanger human health, do not create a demanding and unfair competitive environment and do not fall within the scope of the advertising definition, expresses. PART TWO Basic Principles in Promotion and Information, Respect for Privacy and Information Keeping it Confidential, Using Visual Content Basic principles of promotion and information in the field of health ARTICLE 5- (1) It is prohibited to make and make implicit or explicit advertising in the provision of health services. Promotion and information can be made provided that the following principles and principles are followed: a) It is mandatory to comply with general ethics, medical deontology and professional ethics rules in promotion and information. b) Information about the provision of health services can only be made by legally authorized health professionals. It is mandatory to comply with general ethics, medical deontology and professional ethics rules in promotion and information. b) Information about the provision of health services can only be made by legally authorized health professionals. c) Promotion and information that misleads, misleads the public, endangers the health of the person and the community, creates a demand and unfair competitive environment cannot be made in such a way as to arouse the impression that health facilities accept and treat patients other than the specialties in which they treat patients. ç) Even if done by a healthcare professional, explanations about medical and treatment methods whose accuracy has not been scientifically and clinically proven, has not become an established medical method, has not been defined as a medical procedure by the Ministry and has not been regulated, statements that diseases are treated or assisted in treatment by these methods cannot be used in promotions and informations. d) Promotion and information are limited to patient admission and treated specialty branches, address and contact information for medical facilities, as well as health-protective and developmental information related to the health field being served, and for physicians and dentists, major and minor specialties determined by Law No. 1219, academic title, examination days and hours, time and location information about the patient admission, and health-protective and developmental information related to the health field being served. e) In promotions and informations; The title of specialty may not be written and used except for the major and minor specialty contained in the Law No. 1219.) In promotions and informations; The title of specialty may not be written and used except for the major and minor specialty contained in the Law No. 1219. f) Activities that will create the impression that patients are making a thank you announcement for the health service may not be carried out. g) Promotion and information may not be in a content that will direct the patient directly or indirectly to a healthcare professional or a healthcare organization. d) For reasons such as medical assistance services, general health check-up, health screening, counseling, information, referral to a specific health professional and health institution cannot be made through intermediary organizations, broadcast and communication channels.) For reasons such as medical assistance services, general health check-up, health screening, counseling, information, referral to a specific health professional and health institution cannot be made through intermediary organizations, broadcast and communication channels. h) Scientific terms, research results or quotations from scientific publications and statistical data may not be presented in such a way as to produce results that differ from what they actually are. i) Promotion and information that abuses people's trust or exploits a lack of information in such a way as to create the perception that the goods or services subject to health care are different or superior to others may not be made.) Promotion and information that abuses people's trust or exploits a lack of information in such a way as to create the perception that the goods or services subject to health care are different or superior to others may not be made. i) The last update date of the information on the websites and the contact information that can be reached to the website editor are clearly indicated. j) Internet search engines can be registered by health facilities and physicians. Dec. However, the keywords to be used and all the information contained in the results page displayed in search engines cannot be contrary to the principles in this Dec.) Internet search engines can be registered by health facilities and physicians. Dec. However, the keywords to be used and all the information contained in the results page displayed in search engines cannot be contr) Internet search engines can be registered by health facilities and physicians. Dec. However, the keywords to be used and all the information contained in the results page displayed in search engines cannot be contrary to the principles in this Dec. k) Personal phones cannot be searched without the information and consent of persons, advertising and promotion cannot be made by sending messages via letters, short messages, electronic mail and social sharing tools. l) Health services cannot be offered for marketing purposes such as incentives, sweepstakes and gifts, and advertising, promotion and information cannot be made for this purpose. (2) It is obligatory to comply with the principles stipulated in this Regulation in the promotions and informations made on social sharing and internet sites. Those who engage in promotional and informational activities contrary to these principles and those who share them are equally responsible. (3) It is obligatory to obtain permission from the Ministry before the promotion and information activities to be carried out within the scope of social responsibility projects and campaigns to be carried out for health services. Promotion and information are limited to the scope, duration of the social responsibility project and only to the persons or organizations that will benefit from the project. It is obligatory to obtain permission from the Ministry before the promotion and information activities to be carried out within the scope of social responsibility projects and campaigns to be carried out for health services. Promotion and information are limited to the scope, duration of the social responsibility project and only to the persons or organizations that will benefit from the project. (4) Promotion and information activities within the scope of international health tourism are carried out in accordance with the provisions of the Regulation on International Health Tourism and the Health of Tourists published in the Official Gazette dated 13/7/2017 and numbered 30123. (5) All kinds of advertising, promotion and similar activities related to the collection and delivery of organs and tissues are prohibited, including the distribution of scientific, statistical and news information separately. Respect for privacy and keeping information confidential(5) All kinds of advertising, promotion and similar activities related to the collection and delivery of organs and tissues are prohibited, including the distribution of scientific, statistical and news information separately. Respect for privacy and keeping information confidential ARTICLE 6- (1) In order to prevent patient rights violations and related problems in promotional and information activities and to use legal protection methods effectively when necessary, it is mandatory to comply with the provisions of the Patient Rights Regulation published in the Official Gazette dated 1/8/1998 and numbered 23420. (2) Promotion and information activities are carried out in accordance with the Law on the Protection of Personal Data dated 24/3/2016 and numbered 6698 and the provisions of the Regulation on Personal Health Data published in the Official Gazette dated 21/6/2019 and numbered 30808.Promotion and information activities are carried out in accordance with the Law on the Protection of Personal Data dated 24/3/2016 and numbered 6698 and the provisions of the Regulation on Personal Health Data published in the Official Gazette dated 21/6/2019 and numbered 30808. Use of visual content in promotions and informations ARTICLE 7- (1) Health professionals and health facilities are prohibited from using before and/or after visuals in their promotional and informative activities regarding the health services they provide that are comparative in terms of the effects of the treatment and that create demand. Visual content can be used provided that the following principles and principles are complied with: a) Images and expressions that are contrary to general moral rules, pose a threat to public health and well-being, harm human rights and freedoms, abuse the private or social life of the patient, cause public concern or mislead may not be included in the visual content to be shared. Images and expressions that are contrary to general moral rules, pose a threat to public health and well-being, harm human rights and freedoms, abuse the private or social life of the patient, cause public concern or mislead may not be included i) Images and expressions that are contrary to general moral rules, pose a threat to public health and well-being, harm human rights and freedoms, abuse the private or social life of the patient, cause public concern or mislead may not be included in the visual content to be shared. b) In order for the visual content belonging to the patient to be used, it is necessary to obtain the explicit consent of the patient himself, if he is small or embarrassed, his parent or guardian, and to comply with the Patient Rights Regulation. When obtaining explicit consent, the Consent Form for Recording and Processing Visual Content contained in Oct-1 is used. c) The patient has the right to see the visual content to be shared in advance. Visual sharing permission can be withdrawn at any time without any procedures and conditions at the request of the patient himself, or his parent or guardian if he is small or embarrassed.) The patient has the right to see the visual content to be shared in advance. Visual sharing permission can be withdrawn at any time without any procedures and conditions at the request of the patient himself, or his parent or guardian if he is small or embarrassed. The health facility or the relevant health professional is obliged to process and finalize the patient's withdrawal request immediately. ç) It is obligatory to provide information and assurance to patients who do not grant image sharing permission that there will be no changes in diagnostic and treatment practices and the prices to be received. d) No payment or discount may be paid to the patient in exchange for permission to use their visual content, no gift may be given.) No payment or discount may be paid to the patient in exchange for permission to use their visual content, no gift may be given. e) It is mandatory that the media belonging to the videos and photos to be used in promotion and information are not contrary to the reality of the techniques used, ) No payment or discount may be paid to the patient in exchange for permission to use their visual content, no gift may be given. e) It is mandatory that the media belonging to the videos and photos to be used in promotion and information are not contrary to the reality of the techniques used, and are displayed without misleading makeup. Subsequent technological changes or corrections cannot be applied to the visual contents. It is mandatory to specify the transaction date and the date on which the image was displayed in the visual content. f) Even if it is made in other media, patient comments made about the visual content or expressions that will mean a thank-you announcement cannot be shared. It is mandatory that the shares of visual contents are completely closed to interpretation.) Even if it is made in other media, patient comments made about the visual content or expressions that will mean a thank-you announcement cannot be shared. It is mandatory that the shares of visual contents are completely closed to interpretation. g) Patient images cannot be shared during surgery or medical intervention and in the operating room. g) Visual contents belonging to intimate parts of the body may not be shared in a way that would constitute a violation of the general moral rules. h) Visual content sharing must be made by the health facility or the relevant health professional himself. The fact that these shares have been made by others does not eliminate the responsibility of the relevant health facility or health professional.) Visual content sharing must be made by the health facility or the relevant health professional himself. The fact that these shares have been made by others does not eliminate the responsibility of the relevant health facility or health professional. i) Shared visual content cannot be published in media such as print, visual press, social media platforms, internet sites as sponsored or paid. i) Images related to the region, place, medical device, equipment, tools, equipment or personnel or any similar elements may not be shared in order to give the impression that a health professional or a health organization is superior or better than other health professionals or health organizations. Images related to the region, place, medical device, equipment, tools, equipment or personnel or any similar elements may not be shared in order to give i) Images related to the region, place, medical device, equipment, tools, equipment or personnel or any similar elements may not be shared in order to give the impression that a health professional or a health organization is superior or better than other health professionals or health organizations. THE THIRD PART Supervision and Evaluation of Promotional and Information Activities, Radio and Promotion and Information Made on Television Channels Audit of its Activities and Activity Report Supervision and evaluation of promotion and information activities in the field of health ARTICLE 8- (1) Promotion and information activities are regularly scanned by the General Directorate and Directorates through press and broadcasting organs and internet sites. Directorates; Upon the instructions of the Ministry, ex officio detection, notification or complaint, social sharing and Internet sites, posters, advertisements, written and visual press and similar media, which are found to be carried out in violation of the provisions of this Regulation, performs the work and operations performed about the promotional and informational activities in accordance with the Promotional and Informational Activity Report Form contained in Oct-2 through the Ministry's Health Facilities Supervision and Monitoring System. (2) A Provincial Information and Promotion Activities Evaluation Commission is established with the approval of the Governorship in the provinces to evaluate the compliance of promotional and informational activities with the provisions of this Regulation and other relevant legislation. The Commission is chaired by the president of health services, consists of a total of seven members, including a vice president, a relevant unit officer according to his interest, a lawyer working in the Directorate if there is a specialist doctor working in the public health field subject to evaluation, a lawyer working in the province if there is not, a representative from the Provincial Directorate of Commerce and a representative from professional organizations established by law according to his interest.he Commission is chaired by the president of health services, consists of a total of seven members, including a vice president, a relevant unit officer according to his interest, a lawyer working in the Directorate if there is a specialist doctor working in the public health field subject to evaluation, a lawyer working in the province if there is not, a representative from the Provincial Directorate of Commerce and a representative from professional organizations established by law according to his interest. Commission; evaluates and decides on the promotion and information activities found to be in violation of the first paragraph within thirty days at the latest from the date of completion of the review and referral to the Commission. The Commission meets with the participation of at least five members upon the written invitation of the Director and takes decisions with the absolute majority of the participants in the meeting.valuates and decides on the promotion and information activities found to be in violation of the first paragraph within thirty days at the latest from the date of completion of the review and referral to the Commission. The Commission meets with the participation of at least five members upon the written invitation of the Director and takes decisions with the absolute majority of the participants in the meeting. The secretariat of the Commission is carried out by the Directorate. (3) Necessary notifications are made to the Ministry of Commerce or the Provincial Directorates of Commerce for evaluation by the Advertising Board within the framework of the Law on the Protection of Consumers No. 6502 dated 7/11/2013 regarding promotional and informative activities whose violation is proven. Necessary notifications are made to the Ministry of Commerce or the Provincial Directorates of Commerce for evaluation by the Advertising Board within the framework of the Law on the Protection of Consumers No. 6502 dated 7/11/2013 regarding promotional and informative activities whose violation is proven. (4) Notification files related to advertising, promotion and information activities of the persons and health facilities included in the scope of this Regulation are sent to the Ministry of Commerce by the Ministry and to the Provincial Directorates of Commerce by the Directorates in the notification files at the stage of transmission of notification files related to advertising, promotion and information activities of the; a) Information Promotion Activities in Health The decision of the Provincial Evaluation Commission) Information Promotion Activities in Health The decision of the Provincial Evaluation Commission, b) Printed samples containing the dates and URL addresses of the websites belonging to the advertisements, promotions or information that are the subject of the complaint, detailed, descriptive and distinctive information about which statements contained in the promotions constitute a violation of which provision of the relevant legislation, c) Information and documents related to the works and transactions carried out within the framework of the relevant legislation according to the results of the examination or audit conducted by the Directorates about the health facilities and organizations that advertise, make contrary promotion and informationc) Information and documents related to the works and transactions carried out within the framework of the relevant legislation according to the results of the examination or audit conducted by the c) Information and documents related to the works and transactions carried out within the framework of the relevant legislation according to the results of the examination or audit conducted by the Directorates about the health facilities and organizations that advertise, make contrary promotion and information, ç) If there is a license, notification, registration or similar permission documents belonging to the health facility or the advertised service that is the subject of the complaint, can be found. Supervision of promotion and information activities in the field of health on radio and television channels ARTICLE 9- (1) Health professionals who participate in promotional and informational programs conducted on radio and television channels broadcasting from cable, satellite, terrestrial and similar transmission media, make speeches and statements, are obliged to sign the Commitment contained in Oct-3 in two copies before the program.RTICLE 9- (1) Health professionals who participate in promotional and informational programs conducted on radio and television channels broadcasting from cable, satellite, terrestrial and similar transmission media, make speeches and statements, are obliged to sign the Commitment contained in Oct-3 in two copies before the program. A copy of the undertaking is kept in the relevant publishing house and a copy is also sent to the Ministry. (2) Whether the promotional and informational activities carried out on radio and television channels, as well as statements and speeches made in this context comply with the principles and principles set out in this Regulation; at least three persons created exclusively for the relevant health field by the Ministry of Health Promotion and Information Activities from professionals who are academics in the relevant field of expertise are examined and reported with justification each time through the Commission for Review and Evaluation.2) Whether the promotional and informational activities carried out on radio and television channels, as well as statements and speeches made in this context comply with the principles and principles set out in this Regulation; at least three persons created exclusively for the relevant health field by the Ministry of Health Promotion and Information Activities from professionals who are academics in the relevant field of expertise are examined and reported with justification each time through the Commission for Review and Evaluation. In the reasoned report; the necessary administrative sanctions are applied in accordance with the relevant legislation for those who are found to have made information, speeches or statements contrary to public and personal health, and also sent to the Radio and Television Supreme Council with a request for review and action within the scope of the Law on the Establishment and Broadcasting Services of Radio and Television dated 15/2/2011 and Numbered 6112.ions are applied in ARTICLE 10- (1) If it is determined that promotion and information have been made by a doctor or dentists in violation of the provisions of this Regulation, an administrative fine shall be imposed in accordance with the provisions of Article 27 or Article 44 of Law No. 1219 according to the relevant person.RTICLE 10- (1) If it is determined that promotion and information have been made by a doctor or dentists in violation of the provisions of this Regulation, an administrative fine shall be imposed in accordance with the provisions of Article 27 or Article 44 of Law No. 1219 according to the relevant person. The administrative fines imposed shall be paid within one month from the date of notification. The necessary notifications are made to the professional organization to which they are affiliated in order to be evaluated and processed about the interested parties within the scope of the relevant legislation. (2) A health facility that is found to have carried out promotional and informative activities in violation of the provisions of this Regulation is warned twice. If promotional and informative activities that are in violation of the provisions of this Regulation are found to have been carried out for the third time within one year, the activity of the unit in the relevant medical or specialist branch is stopped for three days. (3) The international health tourism health facility or the international health tourism intermediary organization that is found to have made promotion and information contrary to the provisions of this Regulation shall be warned. If it is detected for the second time within a year, the health tourism activities of the organization and the facility are stopped for one month, if it is detected for the third time, for three months. (4) If it is determined that promotion and information are provided in medical treatment centers where organ transplants are performed in violation of the provisions of this Regulation, the distribution of cadaver organs in medical treatment centers where organ transplants are performed will be stopped for three months upon the first detection.4) If it is determined that promotion and information are provided in medical treatment centers where organ transplants are performed in violation of the provisions of this Regulation, the distribution of cadaver organs in medical treatment centers where organ transplants are performed will be stopped for three months upon the first detection. In the second determination, the activity permit is cancelled for a period of three months depending on the type of transport. (5) A criminal complaint shall be filed against the persons who place or publish advertisements or advertisements for the supply of organs or tissues. (6) If it is determined that promotional and informational activities are carried out by persons, institutions and organizations that are the subject of unauthorized, unauthorized or unlicensed health service provision in violation of the relevant legislation and Ministry regulations, the activities of places where unauthorized health service is provided are immediately stopped and a criminal complaint is filed with the Public prosecutor's office in accordance with the provisions of Law No. 1219 and Law No. 3359. (7) Within the scope of the Regulation on Workplace Opening and Work Licenses dated 14/7/2005 and put into effect by the Council of Ministers Decision 2005/9207, health professionals other than doctors and dentists who work as freelancers and other professionals working in health services may make promotions and information in their professional jurisdictions, provided that they do not contain a health declaration, are not aimed at diagnosis and treatment. However, violations of professional authority made by these persons, activities for medical treatment involving a health declaration, and promotional and informational activities carried out in violation of the provisions of this Regulation are considered unauthorized provision of health services, and a criminal complaint is filed with the Public prosecutor's office in accordance with the provisions of Law No. 1219 and Law No. 3359 for those concerned. (8) In case of health-related promotions and information made via social networks and Internet sites, a criminal complaint is filed for blocking access to relevant content in accordance with the provisions of the Law No. 5651 of 4/5/2007 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, which endangers human health or negatively affects the diagnosis and treatment process or is found to have a criminal element of a nature that prevents this process. (9) If health professionals and other natural persons who are found to have made promotion and information contrary to the provisions of this Regulation are public officials, action shall be taken in accordance with the provisions of the relevant legislation to which they are subject. Cases where there is no provision(9) If health professionals and other natural persons who are found to have made promotion and information contrary to the provisipublic officials, action shall be taken in accordance with the provils and other natural persons who are found to have made promotion and information