Advanced Search

Regulation Of The Minister Of Health The Number 1787/menkes/per/xii/2010 2010

Original Language Title: Peraturan Menteri Kesehatan Nomor 1787/MENKES/PER/XII/2010 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

REPUBLIC OF INDONESIA STATE NEWS

No. 673, 2010 HEALTH MINISTRY. Advertising. -Publications. Healthcare.

REGULATION OF THE REPUBLIC OF INDONESIA HEALTH MINISTER

NUMBER 1787 /MENKES/PER/XII/2010 ABOUT

ADVERTISING AND THE PUBLICATION OF THE HEALTH MINISTRY

WITH THE GRACE OF THE ALMIGHTY GOD THE HEALTH MINISTER OF THE REPUBLIC OF INDONESIA,

A draw: a. that the public as a health care user needs to be given protection from the information of advertising and misleading health care publications;

b. that the advertising materials and the publication of the health care provided by the health care facility include the hospital as the provisions of Article 29 of the letter l, the letter m, the letter n, and the Section 30 paragraph (1) of the Law No. 44 of the Home Pain, and health care must be informative, educational, and responsible;

c. that under consideration as intended in letter a and letter b, need to set up Advertising and the Publication of Health Services with Regulation. Minister of Health;

Given: 1. Law No. 8 of 1999 on the Protection of Consumer (Sheets Of State Republic Of Indonesia In 1999 Number 42, Additional Sheet Republic Of Indonesia Number 3821);

www.djpp.depkumham.go.id

2010, No. 673 2

2. Act Number 32 Year 2002 on Broadcasting (sheet State Of The Republic Of Indonesia 2002 Number 139, Additional Gazette Of The Republic Of Indonesia Number 4252);

3. Law No. 29 of 2004 on the Practice of Medicine (Indonesian Republic of Indonesia Year 2004 Number 116, Additional Gazette of the Republic of Indonesia No. 4431);

4. Law No. 32 of the Year 2004 on the Government of the State (Indonesian Republic of Indonesia Year 2004 Number 125, Additional Gazette of the Republic of Indonesia Number 4437) as amended last by Law No. 12 of 2008 About the Second Amendment to the Act No. 32 of 2004 (State Gazette of the Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);

5. Law No. 36 of 2009 on Health (State Gazette of the Republic of Indonesia in 2009 number 144, Additional Gazette of the Republic of Indonesia Number 5063);

6. Law No. 44 Year 2009 on Hospital (Indonesian Republic of Indonesia Year 2009 Number 153, Additional Gazette of the Republic of Indonesia No. 5072);

7. Government Regulation No. 32 of 1996 on Health Power (State Sheet of the Republic of Indonesia in 1996 No. 49, Additional Gazette of the Republic of Indonesia Number 3637);

8. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs Between Government, Provincial Government of the Province and Government of the District/City (State Gazette of the Republic of Indonesia in 2007 No. 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 4737);

www.djpp.depkumham.go.id

2010, No. 673 3

9. Ministry of Health Minister Number 1144 /Menkes/Per/ VIII/2010 on the Organization and the Ministry of Health Care;

DECIDED: Establishing: HEALTH MINISTER REGULATIONS ON

ADVERTISING AND THE PUBLICATION OF HEALTH CARE. BAB I

provisions of UMUM Article 1

In this Regulation referred to: 1. Health Care Advertising is a persuasive communication activity or

introduction/promotion about policies, programs, and/or health services in form image, sound, and/or writing with the goal of attracting interest and making it easier for society.

2. Health Care Publications are communication activities through the dissemination of information and/or announcements/statements to introduce/promote health and health development programs and health care services in various media.

3. Advertising is information that is commercial and community service about the availability of services, goods, and ideas that can be utilized by audiences with or without reward for the broadcasting agencies in question.

4. A health care facility is a place used to host health care efforts, either the promotion, preventive, curative or rehabilitative performed by the Government, local governments, and/or the public including private.

5. Health care is every person who is devoted to health and has knowledge and or skills through education in health care that for a particular type requires the authority to make a health effort.

6. Health care is an activity and/or a series of activities including health promotion, disease prevention, curative and rehabilitative.

www.djpp.depkumham.go.id

2010, No. 673 4

7. Media is a tool and/or a means of mass communication that includes print, electronic media, or outside media.

8. The Minister is the Minister who organizes government affairs in the field of health.

CHAPTER II OF SCOPE

Article 2 of the scope of this arrangement includes advertising and publication of health care including traditional health services and complementary medicine-alternative.

CHAPTER III

Section Parts General Section 3

(1) The health care facility may host advertising and/or health care publications through the media.

(2) The staging of advertising and/or publication as referred to in paragraph (1) must be appropriate with advertising ethics and/or publications set in the indonesian hospital code of conduct, the code of conduct each of the health power, the pariwara code of conduct, and the provisions of the invite-invite rules.

The Second Part Requirements

Article 4 (1) Health care facilities in hosting ads and/or

publications must be eligible to include: a. contains information with accurate data and/or facts; b. evidence-based; c. Informative; d. Educative; and e. be responsible.

www.djpp.depkumham.go.id

2010, No. 673 5

(2) Advertising and/or publications as referred to in paragraph (1) that are performed through print, electronic media, and outside media are required to list the name and address of the health care facility as well as the date publication.

Section 5 of the Advertising and/or the publication of the health ministry are not allowed if it is: a. attacking and/or showing off-of-the-ness tastes like denigration

honor and degree of the health care profession; b. providing untrue, false, false, information

information or misleading; c. loading information that implies that the health care facility

may benefit from the health care ministry could not be implemented by other health care facilities or create an untimely expectation of the health care provided;

d. compare the quality of health care provided to those health care facilities with other health care facilities, or denounce the health care quality of other health care facilities;

e. Exaggerated self-praise, including a superlative statement and implies the word "only" or meaningful equal to excellence, uniqueness or sophistication so that it tends to be misleading;

f. publish methods, medicine, tools and/or new or non-conventional health care technologies that are not yet accepted by the medical and/or health society because of the benefits and security according to each of the terms of the respective provisions is still in doubt or not proven;

g. advertise health care and/or health care whose health care facilities are not located in the country of Indonesia;

h. advertise health care services undertaken with health care and/or health care facilities that do not have permission;

i. advertise drugs, dietary supplements, or health tools that do not have edar permissions or do not meet quality and safety standards;

j. advertise formula milk and addictive substances;

www.djpp.depkumham.go.id

2010, No. 673 6

k. advertise hard drugs, psychotropic and narcotics except in a medical magazine or scientific forum;

l. provide information to the people in a manner that is encouraging the use of health care services at such health care facilities;

m. advertise sales promotions in any form including discounted price (discount), health care support and/or using multi-level marketing methods;

n. provide testimonials in the form of an advertisement or publication in the mass media; and o. use academic degrees and/or professions in the field of health.

Article 6 Advertising and/or publication of the drug in health care is carried out in accordance with the provisions of the laws.

Article 7 (1) of the health care advertisement can be performed in all media. (2) The publication of health care can be performed in all media in

form among other news, banner, running writing, article, or features. Article 8

(1) The health force is prohibited from advertising or modeling Drug advertising, health care, health supplies, and health care facilities except in community service adverts.

(2) Healthcare can do publication over health care and health research in health magazines or a scientific forum for the profession environment.

Article 9 (1) of the service advertisement The society as referred to in Article 8 paragraph (1)

is a health promotion advertisement aimed at changing society to behave in a clean and healthy life (PHBS) or supporting a government program and not being commerciile.

(2) the government program as referred to in paragraph (1) among others: a. a permanent health problem alleviation program in

trailing regions, border areas, outer islands, and less in-demand areas;

www.djpp.depkumham.go.id

2010, No. 673 7

b. disease eradication program; c. Family planning program; d. The promotional and preventive programs of your jamu; and/or e. Humanitarian and disaster care programs.

(3) Public services advertising should not display trademarks, health tools, health supplies, and health care facilities.

Article 10 Advertising and/or health care publications by health facilities through the internet, should not be used as a means of remote medical consulting (telemedicine).

CHAPTER IV COACHING AND SUPERVISION

Section 11 (1) In order of advertising and/or publication supervision and/or publication

health services, the Minister may form the Advertising and Advertising Monitoring Team and Health Service Publications in the environment of the Ministry of Health.

(2) The team referred to in paragraph (1) is responsible for the assessment and supervision of the advertising materials and/or health care publications before and after airing.

(3) In performing the task as referred to in paragraph (2), the team is authorized to: a. Consult with the IBM Cloud Service and Client's use of the Cloud Service. B. receive, review, and examine the complaint reports from

the public regarding advertising and the publication of health services; c. call and request witness and/or labeling statements; d. inspect documents, information evidence, and other technologies or evidence

; e. refer to the health care and/or health care facility that

commits a breach of the provisions of this rule to the Profession Of Ethics of Ethics, the Chamber of Discipline of the profession, and/or the Honorary Assembly of the Indonesian Hospital of Conduct; and

f. Advise the Minister or the official appointed to take administrative action.

www.djpp.depkumham.go.id

2010, No. 673 8

(4) The team referred to in paragraph (1) reports the results of the assessment and the supervision to the Minister or the designated official.

(5) the Minister or the appointed official follows up the report as referred to on paragraph (4) in the most prolonged period of 30 (thirty) business days.

(6) The terms and conditions of the Team membership as referred to in paragraph (1) are specified by the Minister.

Section 12 (1) Execution assessment and supervision of advertising and ministry publications

health in the area is done by service that organizes regional government affairs in the area of health at the provincial level.

(2) In order of advertising and advertising oversight and the publication of health services as referred to in paragraph (1), service may consult with the Team as referred to in Section 11.

(3) Further provisions regarding the implementation of advertising and the supervision of advertising and the publication of health care in the area as referred to in paragraph (1) are specified by the chief the service that organizes regional government affairs in the field of health at the level province.

Article 13 Assessment and oversight of advertising and/or drug publication are conducted in accordance with the provisions of the laws.

Article 14 (1) Based on the assessment as referred to in Section 11 and Section 12,

The Minister and/or the head of the service that organizes regional government affairs in the field of health at the provincial level, may order the leadership Health and/or health care facilities to alter, withdraw, eliminate or discontinue advertising and/or health care publications that violate the provisions of this Regulation in the most prolonged period of 7 (7) business days.

(2) In terms of health care facilities and/or health care not change, withdraw, remove, and/or stop advertising and/or publications as referred to in paragraph (1), the Minister and/or the head of service that organizes regional government affairs in the field of health at the provincial level, may take administrative action.

(3) The administrative actions as referred to in paragraph (2) must be exercised within the most prolonged period of 30 (thirty) business days.

www.djpp.depkumham.go.id

2010, No. 673 9

(4) administrative actions as referred to in paragraph (2) and paragraph (3) are: a. revocation of operational permissions/work permit/letter permissions

(s) for a while at least 1 (one) years; and b. revocation of operational license/practice license/letter permissions/mail permissions

a profession permit for good. (5) In addition to the administrative actions as referred to in paragraph (3), the power

health and/or unlawful health care facilities may be subject to the sanction set by the Honorary Assembly of the Profession, The Assembly Of Professions Of The Profession, and/or Honorary Assembly of the Indonesian Hospital.

Article 15 In taking action as referred to in Article 14, Minister and head of service that organizes regional government affairs in the health field at the provincial level can involve related profession organizations in accordance with the tasks, functions, and Each of them

CHAPTER V PROVISIONS CLOSING

Article 16 of this Regulation shall begin to apply on the date of promulgations. In order for everyone to know, order the authoring of this Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 14 December 2010 MINISTER OF HEALTH OF THE REPUBLIC OF INDONESIA, SHAWRAHAYU. SEDYANINGSIH

promulred in Jakarta on 28 December 2010 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, PATRIALIST AKBAR

www.djpp.depkumham.go.id