(1) Tiered Regulation: Three Categories Under the Principle of Proportionality Between Penalty and Offense

(II) Four Types of Prohibitions: The Four Major Ban on Medical Advertisements

Prohibition of medical beauty advertising targeting minors: Advertising for medical beauty procedures not intended for treating medical conditions—particularly those that could harm minors' health—is strictly forbidden through mass media or channels accessible to minors.

Ban on Beauty-Related Anxiety-Making Medical Aesthetic Ads: Medical aesthetic advertisements that promote or exploit concerns about physical appearance—violating societal norms of decency—are prohibited.

Prohibit the use of absolute language: Medical advertisements are strictly forbidden from using absolute terms such as "best" or "highest-grade" (to be handled according to relevant enforcement guidelines).

Prohibition of Endorser Recommendations: Endorsers are not allowed to promote or vouch for medical services (in violation of the ban on medical advertising).

(III) Collaborative Governance: Coordination Between Criminal Enforcement and Platform Accountability

1. Clearly Define Cases Involving Criminal-Administrative Enforcement衔接

(1) Fabricating or falsely using the names of patients, doctors, institutions, etc., to provide testimonials or endorsements;

(2) Fabricating or distorting scientific theory data to claim efficacy/safety or guarantee cure rates/effectiveness;

(3) Misleading key information—such as affiliation, ratings, and technology—of fictitious institutions can distort patients' healthcare choices.

According to the relevant judicial interpretation ^[1] If the above-mentioned circumstances constitute false advertising and involve any of the following scenarios, public security authorities shall initiate criminal investigations: (1) The amount of illegal gains exceeds 100,000 yuan; (2) The direct economic loss caused to a single consumer is over 50,000 yuan, or the cumulative direct economic loss to multiple consumers exceeds 200,000 yuan; (3) False advertising is conducted under the guise of preventing or controlling emergencies, deceiving numerous individuals and resulting in illegal gains of more than 30,000 yuan; (4) Although the aforementioned monetary thresholds are not met, the entity has already received administrative penalties for engaging in false advertising twice within the past two years and continues to do so; (5) Physical injuries or disabilities are caused as a result; (6) Other circumstances deemed particularly serious.

2. Strengthen the principal responsibility of advertising platforms

Advertising platforms must rigorously review the qualifications of healthcare service providers and related self-media accounts listed on their platforms. Platforms found to have failed in their verification duties—or those that have provided services enabling medical advertisements to be published by non-medical institutions or individuals—will be investigated and penalized according to law. In severe cases, these platforms will be ordered to suspend operations for rectification, ensuring that advertising platforms fulfill their "gatekeeper" responsibilities.

(1) Big Data Analysis Based on 100 Administrative Penalties for Illegal Medical Advertisements ^[2]

1. Common Types of Violations

Based on our analysis and summary of the sample cases, it’s evident that in many instances, a single medical advertisement involved multiple violations. Guideline Article 16 clearly states: If a single medical advertisement exhibits multiple types of violations, but these violations constitute a **single** unlawful act, the principle of prohibiting repeated penalties applies. However, if the violations amount to **multiple independent offenses**, they should be jointly penalized according to law.

2. Common Institutions and Channels Featuring Illegal Medical Advertisements

Figure 1: Statistical Chart of Illegal Medical Advertising Agencies

Medical aesthetics and dental advertising are high-risk areas for illegal medical ads, with non-medical institutions—including various cultural companies, wellness centers, medical device firms, health supplement companies, and even individual practitioners—commonly involved.

Figure 2: Chart Showing Distribution Channels of Illegal Medical Advertisements

The tech-neutral defense is invalid: Programmatic push cannot exempt platforms from their obligation to conduct manual content review.

Social Harm Assessment: Linking dental aesthetics to marriage, romance, and career prospects constitutes psychological pressure that violates the ethical底线 of medical practice.

3. Analysis of Penalty Outcomes

Figure 3: Chart Showing Statistics on Fines for Illegal Medical Advertisements

Most of the fines imposed for illegal medical advertising fall into the medium- and low-range categories, with only a small number of significantly larger administrative penalties. ^[3] The administrative penalty hearing process must be followed. Local standards for determining larger amounts subject to administrative penalties vary significantly—for instance, the threshold for fines imposed on corporations or organizations stands at over 100,000 yuan in Guangdong Province, more than 50,000 yuan in Shanghai, and above 20,000 yuan in Jiangxi Province. Medical institutions should pay close attention to local regulations and ensure they fully understand the potential implications of hearing procedures that may arise from administrative penalties related to medical advertising. In cases involving false advertising or repeated violations, the situation could even meet the criteria for criminal investigation (refer to the "Coordination Between Administrative and Criminal Enforcement" section mentioned earlier).

(II) Typical Administrative Litigation Cases Involving Medical Advertising

Based on the key points of the guidelines, the author has selected several representative administrative litigation cases involving medical advertising—specifically those addressing prohibitions against absolute terms in medical ads, the responsibilities of platforms publishing medical advertisements, administrative penalty hearing procedures, the ban on creating appearance-related anxiety, and the principle of proportionality in penalties. Below is a summary of the case details, along with the court’s key rulings and compliance insights.

Medical advertising compliance is a critical component of compliance efforts for healthcare institutions. Based on the guidelines, the author offers the following recommendations for ensuring medical advertising compliance and building robust compliance systems within healthcare organizations:

(1) Key Considerations for Compliance with Medical Advertising

1. Prior Review and Qualification Management

★ Mandatory application for the "Medical Advertising Review Certificate"; submit your application to the provincial Health Commission or Traditional Chinese Medicine Administration before publication. The certificate is valid for 1 year and must be reapplied for upon expiration or in case of changes to practice information (e.g., addition or reduction of clinical specialties).

★The ad content must strictly match the approved proof. Published materials must be identical to the authorized sample—no cutting, splicing, or modifications are allowed. Additionally, the ad must clearly display the medical institution’s official first name and the review approval code.

2. Strictly adhere to the "negative list" for advertising content

(1) Only eight types of content are permitted for publication: institution name, address, ownership structure, category, medical specialties, number of beds, clinic hours, and contact phone number (Note: The first six items must match exactly with those listed on the Medical Institution Practice License).

(2) Absolutely Prohibited Actions:

★Functional claims: such as "safe with no side effects," "cure completely," or "healing rate exceeds 90%";

★Use of Endorsers: Patients and doctors' images are prohibited as endorsements (including before-and-after treatment comparison photos);

★Comparative advertising: Belittling other organizations or exaggerating one's own strengths;

★Disguised advertising: Must not be published in the form of news, health education, free trials, or "recommendation-style sponsored content," among others;

★Creating Anxiety: Medical beauty ads are prohibited from associating appearance with labels like "success" or "poverty."

(3) Special Scenario Restrictions:

★Protection of Minors: Advertising is prohibited on campus, school buses, and in media aimed at minors.

★Sensitive Diseases: Radio and television are prohibited from airing advertisements for tumors, liver diseases, sexually transmitted infections, and similar conditions.

3. Standardizing Publication Practices and Channel Management

★Media compliance requirements: Public media advertisements must clearly indicate "ADVERTISING" to distinguish them from news content. For exclusive interviews and feature reports, the name of the organization may be mentioned, but no contact information is allowed—and these segments must be kept separate from advertising spaces.

★Third-party collaboration management: When entrusting advertising agencies, verify their business qualifications and clearly define responsibility for legal violations in the contract. Regularly monitor the partner’s publishing activities to prevent unauthorized modifications to ad materials.

(II) Establishment of a Compliance System for Medical Institutions

Medical advertising compliance is a component of a healthcare institution's overall compliance framework. Beyond medical advertising, other key areas of compliance risk that healthcare organizations must monitor throughout their operations include the quality and safety of medical services, the procurement and management of medical devices and pharmaceutical consumables, anti-corruption measures, information protection and data security, asset management, intellectual property rights, and environmental sustainability. To comprehensively identify and mitigate risks arising from hospital operations, healthcare institutions should also prioritize the development of a robust compliance management system. Drawing on the author's practical experience from leading a compliance management system-building and certification project at a public hospital, the following recommendations are offered for establishing an effective compliance framework in healthcare settings:

1. Top-Level Design and Organizational Structure

The establishment of a compliance management system requires strong leadership: building such a system is inherently the responsibility of top-level management, demanding deep involvement from healthcare organizations' leaders—especially the chief executive. Healthcare leaders must tailor the design of the compliance management structure to their organization's unique circumstances, seamlessly integrating it into the existing organizational framework. They should also consider appointing a Chief Compliance Officer to oversee and coordinate the responsibilities and reporting lines across the three-tier management system (Decision-Making Level – Management Level – Execution Level). Furthermore, all specific compliance initiatives must be strategically aligned and overseen by senior leaders, ensuring effective collaboration among their teams.

2. Comprehensive Risk Identification and Effective Implementation of Systems

The construction of a compliance system in healthcare institutions should focus on aligning with the institution’s own departmental structure and the operational management processes involved, enabling comprehensive risk identification across all areas. Based on experience, healthcare organizations should systematically assess compliance risks in at least the following key areas: medical service quality and safety, information and data security, third-party collaborations, anti-corruption measures, utilization of medical insurance funds, occupational safety and health, environmental protection, advertising and marketing, human resources and labor practices, intellectual property management, and asset management. Once identified, these risks should be evaluated and categorized into distinct risk levels, prompting tailored prevention and control strategies suited to each tier. Moreover, to effectively mitigate compliance risks, healthcare institutions must establish robust management systems and develop targeted process guidelines that seamlessly integrate compliance principles into daily business operations and administrative functions. In particular, compliance requirements should be embedded directly into critical operational steps—such as ensuring rigorous medical record-keeping standards for the proper use of insurance funds, upholding ethical practices during pharmaceutical and medical supply procurement, and adhering to transparent decision-making protocols for "major issues" requiring collective approval. This approach ensures that institutional policies are not merely theoretical but are actively implemented in real-world workflows, preventing the disconnect between policy and practice.

3. Compliance Culture and Continuous Improvement

Building a compliance system in healthcare institutions requires the active participation of everyone. It’s crucial to prioritize fostering a strong compliance mindset across the board. Healthcare organizations should tailor training programs according to the distinct responsibilities of medical staff and management teams, offering regular, tiered training sessions—such as focusing on clinical practice guidelines and integrity-building for clinicians, while emphasizing managerial skills and processes for administrative personnel. By setting clear compliance goals and linking these objectives directly to performance evaluations and incentives, institutions can reinforce accountability, ensure that compliance requirements are effectively implemented, and ultimately strengthen both individual and organizational compliance awareness and culture.

Building a compliance system in healthcare institutions is inseparable from continuous improvement. As healthcare organizations operate their compliance frameworks, both internal and external environments can shift at any time—such as the introduction of new policies and regulations. This underscores the need for healthcare providers to stay updated on the specifics of these evolving rules, ensuring that operational management stays well within regulatory boundaries and avoids crossing critical policy thresholds. Moreover, in day-to-day operations and management, healthcare institutions should adopt the "PDCA" (Plan-Do-Check-Act) management cycle to establish a dynamic monitoring mechanism. Regularly conducting compliance risk identification and assessments is essential, while promptly addressing any violations by implementing a closed-loop system: "Violation-Repair-Tracing."