§ 31A — Advertisement of non-licensable healthcare services

31A.—(1) Subject to subsection (2), a person (called in this section the advertiser) must not advertise, or cause to be advertised, any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body so as to induce any person to seek the advice of or treatment from the advertiser or any person referred to in the advertisement in connection with that skill or service.(2) Subsection (1) does not apply in relation to the advertisement of a licensable healthcare service provided by a licensee, where the advertisement is published by the licensee or a person acting on the authority of the licensee.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, that the advertisement was published only in a publication of a technical character intended for circulation mainly among persons of the following classes, or of one or more of them:(a)

medical practitioners;

(b)

dentists;

(c)

nurses or midwives who are registered, or enrolled nurses who are enrolled, under the Nurses and Midwives Act 1999;

(d)

pharmacists who are registered under the Pharmacists Registration Act 2007;

(e)

holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938;

(f)

persons undergoing training with a view to becoming any of the persons mentioned in paragraph (a), (b), (c) or (d).

(5) Where, in any proceedings for an offence under subsection (3), it is proved that an advertisement was referring to any skill of or service provided by the person charged, then, unless the contrary is proved, it is to be presumed for the purpose of those proceedings that the person charged had advertised or caused the advertisement of the skill or service, but without prejudice to the liability of any other person.[Act 11 of 2023 wef 26/06/2023]

—(1) Subject to subsection (2), a person (called in this section the advertiser) must not advertise, or cause to be advertised, any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body so as to induce any person to seek the advice of or treatment from the advertiser or any person referred to in the advertisement in connection with that skill or service.

(2) Subsection (1) does not apply in relation to the advertisement of a licensable healthcare service provided by a licensee, where the advertisement is published by the licensee or a person acting on the authority of the licensee.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, that the advertisement was published only in a publication of a technical character intended for circulation mainly among persons of the following classes, or of one or more of them:(a)

medical practitioners;

(b)

dentists;

(c)

nurses or midwives who are registered, or enrolled nurses who are enrolled, under the Nurses and Midwives Act 1999;

(d)

pharmacists who are registered under the Pharmacists Registration Act 2007;

(e)

holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938;

(f)

persons undergoing training with a view to becoming any of the persons mentioned in paragraph (a), (b), (c) or (d).

(5) Where, in any proceedings for an offence under subsection (3), it is proved that an advertisement was referring to any skill of or service provided by the person charged, then, unless the contrary is proved, it is to be presumed for the purpose of those proceedings that the person charged had advertised or caused the advertisement of the skill or service, but without prejudice to the liability of any other person.[Act 11 of 2023 wef 26/06/2023]