In this article, I share with you the advertising regulations for the Health professions.
This is based on the Statutory Instrument 170 of 2026 [Health Professions (Advertising) Regulations, 2026], which was gazetted on October 23, 2026 (the SI).
This was issued in terms of the Health Professions Act (Chapter 27:19) (the Act).
Key definitions
These are contained in section 3 of the SI. Some of the key ones are explained below.
Advertising means public communication, message or representation by or on behalf of a registered practitioner or health institution, through any medium, with the intent to promote, publicise or draw attention to their professional services, skills, qualifications or products, in a manner that may influence a person’s choice of service.
Advertisement means any communication disseminated through any medium for the purpose of informing the public about professional health services lawfully offered by a practitioner.
Authority means the Health Professions Authority of Zimbabwe. Council means any health profession council established in terms of the Act.
Professional health services means any service, procedure, consultation, diagnosis, treatment, intervention or advice relating to the physical or mental health, wellness or condition of a person, provided by a registered health practitioner or health institution in the course of their registered scope of practice.
Health practitioner means a person registered in terms of the Act.
Permissible advertising
This is covered in section 4 of the SI under Part II (General Principles Governing Advertising) According to this section, a health practitioner or health institution may advertise professional health services provided that the advertisement:-is factual, accurate and capable of substantiation,
is not misleading, deceptive or likely to create unjustified expectations,
is consistent with accepted professional and ethical standards,
promotes informed healthcare choices by members of the public and
promotes public health education and health promotion.
Prohibited advertising
This is covered in section 5 of the SI under Part II (General Principles Governing Advertising).
According to this section, no health practitioner or health institution shall publish, cause to be published, distribute, broadcast or otherwise disseminate an advertisement that:
contains information that is false, misleading, deceptive or likely to mislead the public,
exaggerates the effectiveness, quality, safety, benefits or outcomes of any health service, treatment, procedure, product or intervention,
guarantees a cure, successful outcome or any particular result from the provision of a health service,
directly or indirectly claims superiority over, or compares favourably with, another health practitioner, health institution or health service,
contains or relies upon patient testimonials, endorsements or purported testimonials,
contains language, images, audio, video or other content that is offensive, sensational, indecent, discriminatory or likely to exploit fear, anxiety, distress, vulnerability or lack of medical knowledge,
promotes or depicts the use of prescription medicines or controlled substances in contravention of the Medicines and Allied Substances Control Act [Chapter 15:03],
advertises exclusive, secret, miraculous, unique or guaranteed cures, treatments or procedures that are not supported by credible scientific evidence recognised by the council,
offers discounts, inducements, gifts, rewards, rebates, incentives, competitions or promotional benefits, or
Likely to bring the health profession into disrepute or otherwise undermine public confidence in the integrity, dignity or reputation of the profession.
According to section 5(2), no person who is not a registered health practitioner or registered health institution shall, directly or indirectly, advertise any professional health services.
Conclusion
Certain views suggest that the SI will likely be welcomed by many practitioners and patients as well. The other view is that through advertising there is likely to be competition in the professions as patients become aware of their options. It is not clear whether competition will be restricted to product offering and quality, or if this will extend to pricing as well given that some of the pricing is through controlled tariffs. Time will tell.
Further articles
Space permitting, I will write more articles on this subject. Influence on other professions.
There are views that this SI is likely to influence advertising in other professions, such as by legal practitioners.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations), MBA (EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience in industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe.He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@ hofisilaw.com or gohofisi@ gmail.com. Visit www//:hofisilaw.com for more articles.-herald
