Regulation 1
Citation
These Regulations may be cited as the Medicines (Medical Advertisements) Regulations.
/akn/sg/act/sub_leg/1975/MA-RG2
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Quick answer
Medicines (Medical Advertisements) Regulations is Singapore Subsidiary Legislation, cited as Subsidiary Legislation MA-RG2 1975, currently marked in force and first recorded in 1975.
Citation
These Regulations may be cited as the Medicines (Medical Advertisements) Regulations.
Definitions
In these Regulations —“grant”, in relation to a permit from the licensing authority, includes a renewal of the permit;“medical advertisement” means any advertisement of a medicinal product, but does not include any advertisement mentioned in section 51(1)(a) or (b) or (2) of the Act;“sales promotion” means any medical advertisement in the form of —
a sales campaign (including door-to-door sales and price discounts);
an exhibition;
a competition; or
any other activity meant to introduce, publicise or raise the profile, public awareness or visibility of, the medicinal product.
“grant”, in relation to a permit from the licensing authority, includes a renewal of the permit;
“medical advertisement” means any advertisement of a medicinal product, but does not include any advertisement mentioned in section 51(1)(a) or (b) or (2) of the Act;
“sales promotion” means any medical advertisement in the form of —
a sales campaign (including door-to-door sales and price discounts);
an exhibition;
a competition; or
any other activity meant to introduce, publicise or raise the profile, public awareness or visibility of, the medicinal product.
Permit for advertising
Except as provided in these Regulations, no person shall —
issue or cause to be issued any medical advertisement; or
conduct any sales promotion,without first obtaining a permit from the licensing authority.
Application for permit
An application for, or to renew, a permit referred to in regulation 3 shall be in such form as the licensing authority may require.
Period of validity of permit
Any permit granted by the licensing authority under regulation 3 shall, unless sooner revoked, be valid for a period of one year from the date on which it was granted.
Permit subject to terms and conditions
A permit may be granted subject to such terms and conditions as the licensing authority may think fit to impose.
Refusal, etc., of permit
The licensing authority may, without assigning any reason, refuse to grant a permit or may suspend or revoke any permit already granted.
Any person aggrieved by such refusal, suspension or revocation may appeal to the Minister whose decision shall be final.
Duty of printer or publisher
No person shall print or publish or cause to be printed or published any medical advertisement that is not a sales promotion unless he has first ascertained that a permit has been granted by the licensing authority in respect of that advertisement.
[Deleted by S 548/2016 wef 01/11/2016]
Exception for trade, business or profession
Regulation 3 does not apply to any medical advertisement that —
is directed exclusively at a person who may lawfully sell or supply any medicinal product in the course of that person’s trade, business or profession; and
is not accessible to the general public.
Exception for trade, advertisement and public authority
These Regulations shall not apply to —
a reference advertisement or a trade advertisement; and
any medical advertisement issued or published by any public authority or any person authorised to issue or publish such advertisement by the Minister.
In this regulation —
“reference advertisement” means an advertisement —
containing a brief description of a medicinal product, its use, or any contra-indications or warnings relating to the medicinal product; and
appearing without charge in a publication consisting mainly of such advertisements where the publication is sent or delivered to practitioners or pharmacists by a person who is not involved in the sale of or dealings in that medicinal product as a manufacturer, supplier, retailer, importer or exporter;
“trade advertisement” means an advertisement, relating to a medicinal product, that —
is in a catalogue, price list or other document for the purpose of supplying the medicinal product by wholesale; and
does not contain any recommendation relating to the use of the medicinal product other than as part of the name of the medicinal product or part of any heading or sub‑heading indicating a therapeutic classification.
Permit number
A person who issues or publishes any medical advertisement (including conducting a sales promotion) must ensure that the number of the permit granted in respect of the medical advertisement is displayed on, or on material accompanying, the medical advertisement in accordance with such terms and conditions as the licensing authority may specify in the permit.
Alteration, etc., of advertisement
A person must not alter or amend the contents of any medical advertisement for which a permit has been granted unless —
he has made an application in such form as the licensing authority may require to amend the permit to reflect such alteration or amendment; and
the application is approved by the licensing authority.
Transfer of permit
A person must not transfer a permit granted under regulation 3 unless —
the person has made an application in such form as the licensing authority may require to transfer the permit to another person; and
the application is approved by the licensing authority.
Fees
The fees payable for —
an application for a permit;
a permit or the renewal of a permit; (c)an application to amend a permit; or
an application to transfer one or more permits,shall be as specified in the Schedule.
No refund shall be made in respect of any fee paid under these Regulations.
Penalty
Any person who contravenes or fails to comply with regulation 3, 8, 12 or 13 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.