Medical advertising and fees (Law 23 of 1981, arts. 22 to 25 and 55 to 61)
- Law
Law 23 of 1981 requires ethical, truthful advertising, sets what a doctor's notice may say and regulates fees, which never condition emergency care.
What it is
Law 23 of 1981 regulates doctors' advertising in Chapter VI of Title II (arts. 55 to 61) and fees in Chapter I (arts. 22 to 25). Advertising to attract patients must be ethical (art. 55). A professional notice contains only the name, the legally recognised specialty, the university that granted the degree, the registration number, and the address and telephone (art. 56). Honorary titles and posts are mentioned only in scientific publications (art. 57), and the doctor does not sponsor articles that do not match proven facts or that mislead (art. 60). Being paid is a right: fees are set according to the doctor's scientific standing and the importance and circumstances of each act (art. 22), but in an emergency care is not conditional on payment (art. 23). The bans on receiving commercial benefits or payments for referring patients (arts. 40 and 41) are covered on the conflicts of interest page.
Key articles
- Art. 55: the advertising methods a doctor uses to attract patients must be ethical.
- Art. 56: the notice contains only name, legally recognised specialty, university that granted the degree, registration number, and address and telephone; for a centre or association, the name of the person in charge.
- Art. 57: academic, honorary or scientific titles and posts held are mentioned only in scientific publications.
- Art. 58: every professional notice may be inspected by the Medical College, which may order it changed or withdrawn.
- Art. 60: the doctor does not sponsor publications that do not match proven scientific facts or that mislead by their content or headlines.
- Art. 22: fees are set according to the doctor's scientific standing and the importance and circumstances of each act, taking into account the patient's economic and social situation and agreed beforehand.
- Art. 23: in emergencies, care is not conditional on advance payment of fees.
- Art. 25: fee disputes between doctor and patient may be settled before the relevant Medical College.
- Art. 1, item 7: the doctor has a right to payment, which is the normal means of living.
What it covers
- Advertising: ethical methods, minimum content of the notice, titles only in scientific publications, Medical College oversight and truthfulness (arts. 55 to 60).
- Intellectual property: the doctor owns their work and the documents that reflect their judgement, including medical records in that sense (art. 61).
- Fees: the right to be paid, how fees are set, emergencies without prior payment, equal fees in case conferences, and disputes (arts. 22 to 25).
- Related limits: no charging the patients of the institution where one works, and no steering them to private practice (arts. 43 and 44).
In clinical practice
- A post promising «guaranteed results» or showing only the best cases misleads: it conflicts with art. 60 and with the duty of truthfulness.
- Advertising oneself as a specialist without a legally recognised degree breaches art. 56 and may amount to irregular practice.
- Agreeing the price before the procedure, in writing where possible, avoids conflict; if one arises, the Medical College can mediate (art. 25).
- In emergencies care comes first; demanding a prior deposit breaches art. 23 of Law 23 and art. 10 of Law 1751 of 2015.
Status and official text
- Official text verified on 2026-11-13 on funcionpublica.gov.co (Law 23 of 1981, Gestor Normativo).
- Regulated by Decree 3380 of 1981, compiled in Decree 780 of 2016; the regulation adds no rules of its own on the content of the notice.
- The 1981 wording has printed notices in mind; the law does not mention social media, but its principles (truthfulness, restraint, not misleading) apply to all advertising.
- Commercial benefits and referral payments: Law 23, arts. 40 and 41, and Law 1751 of 2015, art. 17, paragraph (see conflicts of interest).
Test yourself
Think of the answer, then tap the question to see it.
What information does art. 56 of Law 23 of 1981 allow in a doctor's professional notice?
Name, legally recognised specialty, university that granted the degree, registration number, and address and telephone of the practice and home.
Where does Law 23 allow honorary titles and posts held to be mentioned?
Only in scientific publications (art. 57).
May a doctor demand advance payment before treating an emergency?
No. In emergencies medical care is not conditional on advance payment of fees (Law 23, art. 23).
Who may order a medical notice withdrawn under Law 23?
The relevant Medical College, which inspects professional notices and may order them changed or withdrawn (art. 58).
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Ley 23 de 1981, arts. 1, 22 to 25 and 55 to 61 (Función Pública, Gestor Normativo, 1981); Decreto 780 de 2016 (compiles Decree 3380 of 1981) (Ministerio de Salud y Protección Social, 2016); WMA International Code of Medical Ethics (2022), paras. 24 and 25 (World Medical Association, 2022).
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