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What it is

Stricter rules for health care advertising

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 27 December 2019. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill on the advertising of health services and activities.

Source: Congreso de los Diputados, file 122/000011· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would regulate health care advertising, distinguishing between advertising aimed at the public and advertising aimed at health care professionals.
  2. Only authorized health care centers, services and establishments could advertise to the public, limited to the activities they are authorized to provide.
  3. Public-directed advertising would have specific requirements: clearly identify the activity, use clear messages, warn about risks, include the registry number, and advise consulting a health professional in case of doubt.
  4. Ads promising guaranteed results, aimed at children, using cure testimonials, offering discounts or incentives, or comparing or disparaging other professionals would be banned, among other practices.
  5. Public-directed advertising would require prior administrative authorization, with a decision within two months and a maximum validity of five years; professional-directed advertising would only need to be reported before it starts.
  6. The bill would allow a cease-and-desist action against advertising that breaks the law, requested by authorities, consumer associations, professional bodies and holders of a legitimate interest, plus penalties under health regulations.

Who it affects

  • Health care centers, services and establishments: Only they could advertise to the public, with prior authorization and subject to bans and requirements.
  • Health care professionals: They could not back commercial advertising aimed at the public or call themselves specialists without the official degree.
  • Drug and medical device companies: They would be banned from public-directed health care advertising.
  • Consumers and patients: They would get more truthful advertising and could demand that unlawful ads stop.
  • Health authorities and professional bodies: They would inspect, authorize and control health care advertising.

Words worth knowing

Acción de cesación
A request or lawsuit to force someone to stop advertising that breaks the law.
Prestación sanitaria
Health-related services that are not a health care activity proper.
Actividad sanitaria
Work to promote, prevent, diagnose, treat or rehabilitate health.
Autorización administrativa previa
Permission that must be requested and obtained from the health authority before running the ad.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced27 December 2019Someone registers the text in the Congreso.
  2. Admitted15 January 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2019Dec 2020Dec 202111. 27 December 2019: Presentación22. 15 January 2020: Boletín Oficial de las Cortes Generales Publicación desde 15/01/2020 hasta 17/01/202033. 15 January 2020: Calificación44. 17 January 2020: Gobierno Contestación desde 17/01/2020 hasta 07/03/202055. 7 March 2020: Pleno Toma en consideración desde 07/03/2020 hasta 28/04/202266. 28 April 2022: Concluido - (Rechazado) desde 28/04/2022 hasta 05/05/2022

28 April 2022

How did the plenary vote?

More votes against 120 yes · 159 no · 70 abst.

Voted on: Private member's bill by the Popular Parliamentary Group in the Congress, regarding the advertising of benefits and health activities.

Source: Congreso de los Diputados, vote 18 of sitting 174· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Republicano, Vasco (EAJ-PNV), Mixto, GPlu and Popular en el Congreso. Against, most of Socialista and Gcup-ec-gc. 10 deputies voted differently from their group.

By province: in 7 most voted in favour; in 26, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 7
  • Against: 26
  • Abstained: 1
  • Tie: 18
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 abst.
Republicano13
13 in favour
Socialista120
120 against
Vasco (EAJ-PNV)6
6 in favour
Mixto11
6 in favour · 2 against · 3 abst.
Ciudadanos9
9 abst.
Gcup-ec-gc33
33 against
GPlu12
7 in favour · 4 against · 1 abst.
Popular en el Congreso88
88 in favour
VOX52
52 abst.

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.