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New Israeli law cancels ban on physicians advertising
POLICY AND PEOPLE
New Israeli law cancels ban on physicians advertising hile the Israel Medical Association (IMA) leads a public doctors’ strike into its eleventh week and the place of private versus public medicine is being argued by hospitals and the Ministry of Health, the Knesset (parliament) passed a revolutionary bill on May 16 that for
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the first time since the founding of the State reverses the absolute ban on physicians (and other professionals such as dentists, psychologists, lawyers, optometrists, midwives, and nutritionists) against any advertising in anything but the telephone book. The Knesset voted by an over-
Germany also relaxes doctors’ advertising ban ¨ The German Medical Association (Artzetag) has relaxed its ban on public advertising for physicians. Doctors may now publicise their specialist formal education and specific diagnostic and therapeutic abilities on their practice signs, in newspapers, and on the internet. The 250 delegates of the Association, representing all 363 000 German physicians who are obligatory members, voted on May 10 in Köln in favour of the new rule. They argued that patients can exercise their right to choose their own doctor and their right to self-determination in medical treatment only when they have the necessary information. Delegates also noted that patients should, on the other hand, be protected against incorrect medical advertisements. The new ruling has the wholehearted support of the German Federal Minister for Health Andrea Fischer who said: “Adequately informed patients will not ask for unnecessary treatments and will better comply with therapy.” Wim Weber
whelming majority to support the bill presented by the Justice Ministry that allows doctors the right of self-promotion, as “an expression of free speech and practice”. The Justice Ministry argued that, given the Basic Law, guaranteeing personal freedoms, a ban on advertising could not be upheld in a court of law. Although the IMA does not oppose doctors advertising, Leah Wapner, secretary-general of the IMA legal department expressed concern that “advertising should be limited so it would not be harmful nor misleading”. She added that advertising should “assure accuracy and uniformity”. Thus the IMA is working with the Justice Ministry on specific detailed guidelines and monitoring procedures to enforce the law and protect the public. Rachelle H B Fishman
T
he European Patent Office in Munich, Germany, decided on May 10 to revoke a patent granted to the US firm W R Grace 6 years ago for the use of Indian Neem tree (Azadirachta indica) oil as an antifungal agent. The case could have serious implications for bioindustry because the right of developing countries to their natural resources has been acknowledged. At the hearing W R Grace was supported by the US Department of Agriculture; two non-governmental organisations and a member of the European Parliament supported terminating the patent. The patent was ended after the Office decided that knowledge of the antifungal properties of Neem tree oil was not novel in view of prior public use, which had taken place in India. The tropical Neem tree is grown in many Asian countries. The Neem Foundation says the tree has great potential benefits for medicine and it considers the tree to be part of India’s genetic biodiversity. Currently there is much international interest in the commercial viability of Neem tree products. However, who should be in control of India’s genetic resources is part of a highly controversial international debate. Georg Röggla
THE LANCET • Vol 355 • May 27, 2000
Irish doctor wins sex-discrimination case changes to the successful candidate’s Dublin-based consultant obsteCV had involved more than trician and gynaecologist has updating—there had been a change received the biggest-ever award given in emphasis and presentation. This, by the Irish Labour Court in an according to the Court, raised quesemployment-equality case. Noreen tions as to why the re-submission was Gleeson, supported by the Equality allowed. Authority, took the Gleeson’s case also case after failing to get involved accusations a consultant post that certain comments shared by two hospitals and questions during in Dublin, the Mater her interview were disand the Rotunda. The criminatory. This was position was awarded upheld by the Court to a male candidate especially since none of after interviews in the male candidates January, 1996. had been asked any of The Labour Court these questions. found that Gleeson was The Gleeson ruling better qualified and will have significant had more experience, implications for the filland better publications Gleeson—success in court ing of posts by interthan the successful canview boards in Ireland. The Labour didate. The Court stated that the Court found that the interview board, hospitals, when asked to justify their composed of eight men and one choice of candidate, said the male woman, made a prima facie case for candidate had been a “high flyer”. discrimination by its composition. However, the Court found that no The Court was also highly critical satisfactory arguments were made to of the interview process itself, finding support this statement. Gleeson had that there were no notes, no agreed also argued that the successful candicriteria for the post, a lack of transdate was allowed to re-submit his parency, and a disagreement between curriculum vitae (CV) after the closthe hospitals on the weight of imporing date, indicating the hospitals’ tance of the actual interviews. intention to appoint him. Gleeson has donated her IR£50 000 The hospitals countered by saying (US$58 000) award to charity. that all candidates were allowed to update their CVs. In its judgment, the Labour Court found that the Karen Birchard
A
Irish Medical Times
Reclaimed patent gives bioindustry a warning
1895
New Israeli law cancels ban on physicians advertising hile the Israel Medical Association (IMA) leads a public doctors’ strike into its eleventh week and the place of private versus public medicine is being argued by hospitals and the Ministry of Health, the Knesset (parliament) passed a revolutionary bill on May 16 that for
W
the first time since the founding of the State reverses the absolute ban on physicians (and other professionals such as dentists, psychologists, lawyers, optometrists, midwives, and nutritionists) against any advertising in anything but the telephone book. The Knesset voted by an over-
Germany also relaxes doctors’ advertising ban ¨ The German Medical Association (Artzetag) has relaxed its ban on public advertising for physicians. Doctors may now publicise their specialist formal education and specific diagnostic and therapeutic abilities on their practice signs, in newspapers, and on the internet. The 250 delegates of the Association, representing all 363 000 German physicians who are obligatory members, voted on May 10 in Köln in favour of the new rule. They argued that patients can exercise their right to choose their own doctor and their right to self-determination in medical treatment only when they have the necessary information. Delegates also noted that patients should, on the other hand, be protected against incorrect medical advertisements. The new ruling has the wholehearted support of the German Federal Minister for Health Andrea Fischer who said: “Adequately informed patients will not ask for unnecessary treatments and will better comply with therapy.” Wim Weber
whelming majority to support the bill presented by the Justice Ministry that allows doctors the right of self-promotion, as “an expression of free speech and practice”. The Justice Ministry argued that, given the Basic Law, guaranteeing personal freedoms, a ban on advertising could not be upheld in a court of law. Although the IMA does not oppose doctors advertising, Leah Wapner, secretary-general of the IMA legal department expressed concern that “advertising should be limited so it would not be harmful nor misleading”. She added that advertising should “assure accuracy and uniformity”. Thus the IMA is working with the Justice Ministry on specific detailed guidelines and monitoring procedures to enforce the law and protect the public. Rachelle H B Fishman
T
he European Patent Office in Munich, Germany, decided on May 10 to revoke a patent granted to the US firm W R Grace 6 years ago for the use of Indian Neem tree (Azadirachta indica) oil as an antifungal agent. The case could have serious implications for bioindustry because the right of developing countries to their natural resources has been acknowledged. At the hearing W R Grace was supported by the US Department of Agriculture; two non-governmental organisations and a member of the European Parliament supported terminating the patent. The patent was ended after the Office decided that knowledge of the antifungal properties of Neem tree oil was not novel in view of prior public use, which had taken place in India. The tropical Neem tree is grown in many Asian countries. The Neem Foundation says the tree has great potential benefits for medicine and it considers the tree to be part of India’s genetic biodiversity. Currently there is much international interest in the commercial viability of Neem tree products. However, who should be in control of India’s genetic resources is part of a highly controversial international debate. Georg Röggla
THE LANCET • Vol 355 • May 27, 2000
Irish doctor wins sex-discrimination case changes to the successful candidate’s Dublin-based consultant obsteCV had involved more than trician and gynaecologist has updating—there had been a change received the biggest-ever award given in emphasis and presentation. This, by the Irish Labour Court in an according to the Court, raised quesemployment-equality case. Noreen tions as to why the re-submission was Gleeson, supported by the Equality allowed. Authority, took the Gleeson’s case also case after failing to get involved accusations a consultant post that certain comments shared by two hospitals and questions during in Dublin, the Mater her interview were disand the Rotunda. The criminatory. This was position was awarded upheld by the Court to a male candidate especially since none of after interviews in the male candidates January, 1996. had been asked any of The Labour Court these questions. found that Gleeson was The Gleeson ruling better qualified and will have significant had more experience, implications for the filland better publications Gleeson—success in court ing of posts by interthan the successful canview boards in Ireland. The Labour didate. The Court stated that the Court found that the interview board, hospitals, when asked to justify their composed of eight men and one choice of candidate, said the male woman, made a prima facie case for candidate had been a “high flyer”. discrimination by its composition. However, the Court found that no The Court was also highly critical satisfactory arguments were made to of the interview process itself, finding support this statement. Gleeson had that there were no notes, no agreed also argued that the successful candicriteria for the post, a lack of transdate was allowed to re-submit his parency, and a disagreement between curriculum vitae (CV) after the closthe hospitals on the weight of imporing date, indicating the hospitals’ tance of the actual interviews. intention to appoint him. Gleeson has donated her IR£50 000 The hospitals countered by saying (US$58 000) award to charity. that all candidates were allowed to update their CVs. In its judgment, the Labour Court found that the Karen Birchard
A
Irish Medical Times
Reclaimed patent gives bioindustry a warning
1895