NMC tightens medical advertising norms; bans AI-generated testimonials, unverified claims

The National Medical Commission has barred doctors and hospitals from using artificial intelligence to create or circulate fabricated patient experiences, clinical outcomes and endorsements as part of new ethical guidelines aimed at curbing misleading promotion of medical services. Under the guidelines issued by the Commission, doctors also cannot describe themselves or their services using claims such as "best", "number one" "most trusted" "guaranteed cures" or "100% success" unless such claims are verifiable.

The new norms, which were issued by the National Medical Commission (NMC) on Wednesday and have come into effect immediately, come with a graded system of disciplinary action for violations. For a first violation, the guidelines prescribe a warning and mandatory ethics training. A second violation can attract censure and a monetary penalty, while a third violation can lead to suspension for three to six months. Serious violations can attract suspension for six to 12 months, while repeated violations can result in removal from the medical register for one to three years.

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Prohibition under guidelines

The guidelines prohibit registered medical practitioners and hospitals from using AI-generated content for advertising their services, soliciting patients or disseminating unverifiable information relating to diagnoses, treatments and outcomes. The NMC has specifically said, "AI cannot be used to create synthetic patient testimonials, voices, clinical outcomes or fake endorsements" or to misrepresent the nature or quality of medical services.

The guidelines also prohibit doctors from using AI-generated material that could make a medical service appear more effective or successful than it actually is or placing the authenticity of information available to patients at the centre of its advertising norms. Another major provision bars doctors from paying to manipulate their rankings on search engines and apps, while also restricting unverified claims about the quality or success of medical services.

The Commission has also sought to regulate the growing role of third parties in patient acquisition. Doctors and hospitals cannot offer limited-period discounts, coupons, gift packages or referral benefits, which are likely to encourage unnecessary consultations. The guidelines also place restrictions on the use of patient photographs, requiring valid consent and appropriate safeguards. Patient testimonials, beforehand after photographs and treatment-success claims that could create unrealistic expectations or mislead patients have also been prohibited. The NMC, however, has allowed doctors to use social media for factual, non-promotional health education, while hospitals can share objective details about their services.

The distinction is significant as the guidelines do not prohibit doctors and hospitals from communicating health information online but seek to prevent such communication from becoming promotional or misleading. The provisions also seek to prevent promotional practices that could influence patients through financial incentives, exaggerated claims or fabricated evidence of treatment success. By explicitly covering AI-generated testimonials, voices and clinical outcomes, the guidelines extend ethical advertising requirements to newer forms of digital content that can make artificially created material appear authentic.

The NMC has also restricted claims and promotional material that could give patients unrealistic expectations about the likely results of a treatment. The guidelines cover a wide range of advertising and patient-procurement practices, including AI-generated content, search-engine rankings, influencer arrangements, discounts and referral benefits, besides conventional patient testimonials and treatment-success claims. The Commission has emphasised that doctors and hospitals can continue to provide objective information and health education, but such communication should not mislead patients or promote medical services through unverifiable claims.