Ad rules relaxed

Rules on healthcare ads relaxed, says Liow

By DHARMENDER SINGH
dharam@thestar.com.my

PUTRAJAYA: Private healthcare providers will now be able to advertise their services in all mediums following the government’s decision to liberalise provisions under the Medicines (Advertisement and Sales) Act 1965, said Health Minister Datuk Seri Liow Tiong Lai.

Liow said this would allow private healthcare providers to make their services available to both locals and foreigners.

He said the move was in line with the Government’s decision to promote health tourism in Malaysia and raise the number of foreigners coming here by 20% annually from 336,000 visitors last year.

The liberalisation would also ensure that Malaysia maintained its competitiveness in attracting health tourists.

“The liberalisation of the provisions, which comes into effect immediately, will allow private hospitals, clinics and even dental clinics to advertise their facilities and services in newspapers, the electronic media and on the Internet as well as put up banners to announce new facilities.

“They can also advertise abroad but they will have to abide by the laws in those countries as well as the laws here.

“They can mention the latest equipment or treatment they have but they are not to use superlatives like ‘best’ or make comparisons,” he told a press conference after attending his ministry’s Hari Raya celebration.

Before this, private healthcare providers were only allowed to advertise through healthcare magazines and related publications and were not allowed to place advertisements outside Malaysia.

Liow said to further help the industry’s growth, the ministry’s Medicines Advertising Board had also shortened the time to approve applications for advertisements from six weeks to between three and five days now.

He however warned that the ministry would keep close tabs on advertisements related to the industry and those flouting the law would face a fine of up to RM3,000 and a year’s jail or both for the first offence and up to RM5,000 fine or two years’ jail or both for subsequent offences.

He said healthcare providers could go to www.pharmacy,gov.my or contact the ministry’s secretariat on medical advertisements at 03-7841 3200.

He said the ministry would also launch a large-scale campaign against dengue in Kelantan after the number of cases in the state rose by 160%.

StarOnline

Violated

I felt violated after doctor took pictures of me, says writer

GEORGE TOWN: A freelance writer said she felt violated after a surgeon took photographs of her private parts during a haemorrhoids surgery, a High Court here heard.

Lee Ewe Poh, 50, a former journalist, testified yesterday that it was as if general and colo-rectal surgeon Dr Lim Teik Mau had no regard for her dignity and self-respect.

She named Dr Lim and Loh Guan Lye & Sons Sdn Bhd as defendants in her suit for trespass against her person.

Lee said she underwent a procedure known as stapler haemorrhoidectomy at the Loh Guan Lye Specialists Centre here on Dec 21, 2006, and found out from a nurse six days later that Dr Lim had photographed her private parts.

She said that when she confronted Dr Lim, he was initially evasive but later admitted taking the photographs and qualified it by saying that he did it for medical purposes.

“He said the photographs were necessary as reference materials to be shown to his other patients. I lambasted him as to how he could do such a thing and without informing me,” said Lee.

She said she would have objected to any such photographs taken during the procedure.

Cross-examined by Dr Lim’s counsel T. Sagadaven, Lee said the doctor had only offered to delete the photographs after she demanded the digital camera’s memory card.

Lee agreed that the photographs, shown to her by the police, were confined to the anus area and that her face was not visible.

She disagreed that Dr Lim took the photographs to explain to her the outcome of the procedure and not for any other purposes.

Dr Lim testified that it was common and acceptable medical practice to take photographs of patients under sedation.

He said he took two photographs in this case – one before the operation and one after, and did not in any way alter or crop the images.

Asked by Sagadaven if he had any intention to violate Lee’s privacy, Dr Lim said he took the photographs with the intention to help the patient understand the procedure.

Questioned by the hospital’s counsel Ramsun Ho, Dr Lim agreed that the two photographs were taken in a clinical environment.

Dr Lim agreed that a patient’s consent was important but said it was not possible for surgeons to disclose all the technicalities of a procedure to the patients.

He also said he did not inform Lee about the possibility of photographs being taken.

The hearing before Judicial Com­missioner Chew Soo Ho continues.

StarOnline
20th August 2010

Consent needed

Court: Surgeons must get consent to take photos of intimate parts

By PRISCILLA DIELENBERG

GEORGE TOWN: Surgeons must obtain their female patients' consent before taking photos of their intimate parts, a Penang High Court ruled Thursday.

Judicial Commissioner Chew Soo Ho awarded freelance writer Lee Ewe Poh, 50, RM25,000 in damages for invasion of privacy and RM10,000 in costs.

Lee, a former journalist, had filed the suit against general and colo-rectal surgeon Dr Lim Teik Mau saying she felt violated after he took photographs of her private parts during a haemorrhoids surgery.

She named Dr Lim and Loh Guan Lye & Sons Sdn Bhd as defendants in her suit for trespass against her person.

Lee said she underwent a procedure known as stapler haemorrhoidectomy at the Loh Guan Lye Specialists Centre here on Dec 21, 2006, and found out from a nurse six days later that Dr Lim had photographed her private parts.

She said that when she confronted Dr Lim, he was initially evasive but later admitted taking the photographs and qualified it by saying that he did it for medical purposes.

Counsel K. Simon Murali acted for the plaintiff, while T. Sagadaven and Ramsun Ho represented Dr Lim and the hospital respectively.

StarOnline
2nd September 2010