Provider signatories of the EMCAT Code of Ethics are committed to adopting and upholding the highest standards of ethical marketing as outlined here.  EMCAT are committed to monitoring and encouraging compliance across the sector, in line with established legal frameworks such as the CAP code, Consumer Protection laws and GDPR.

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In drafting this code, EMCAT have sought permission to adopt and adapt the code of conduct on marketing practices originally developed by America’s National Association of Addiction Treatment Providers (NAATP).

 

The EMCAT Code:

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A. Financial Rewards for Patient Referrals

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1. Patient brokering is prohibited. Patient brokering is defined as any form of remuneration or compensation paid to a third party to incentivise a referral to a treatment provider.  No financial compensation, substantive gifts, or other remuneration may be offered, charged or received for patient referrals. Referrals must always be based on the clearly assessed needs of the patient and on the suitability and quality of the agency referred to.

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2.  Providers may accept and exchange referrals with care professionals or organisations that offer services to patients. However, providers must not compensate, or accept compensation from such individuals or organisations in exchange for referrals.  This includes forms of direct payment, consulting contracts, or any share of fees involving a fee splitting. All fees charged to the patient by referring professionals and treatment providers receiving referrals must be clear, transparent and separate.

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B. Advertising or Marketing Practices

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1. Providers must not engage in false, deceptive, or misleading statements, advertising, or marketing practices.  Additionally, providers will adhere at all times to the code of conduct outlined in the CAP code, issued by the Advertising Standards Authority.  Providers are fully responsible for their marketing content, even when marketing activity has been outsourced to third parties.

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2. Treatment providers must clearly brand all advertising. All advertisements and promotional materials must prominently display the treatment organisation’s name and brand. Advertisements placed through third parties such as addiction related websites must be marked and understood as such.

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3. Treatment providers must be transparent regarding their services. Providers must offer clear, or readily accessible information in all their advertising, on their websites, and in their collateral marketing materials about the type and model of services, legal entity, registrations, accreditation, location of facility or facilities, and staff qualifications.

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4. Treatment providers may not use misleading language in advertising. Search engine ads may not include language in the heading or ad text that includes the name of another treatment provider. Adverts may not insinuate the provision of services in locations where services are not provided.

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5. Providers must not engage in competitive practices that are destructive to a collaborative sector.    A collaborative sector requires upholding trust between all parties, whilst acknowledging the benefits of fair and honest competition.

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6. Providers may not own, operate, or otherwise control directory type websites, or similar platforms that offer listings or recommendations for other services.  Directories should be independent, and entries should disclose quality, standards (e.g. registration, accreditations, staff qualifications). 

C. Sales Practices

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1. Providers must not exploit patients or their families and associates, by taking advantage of individuals whose situation makes them vulnerable.  This includes persuading them to buy services that they do not need or which are unreasonably costly, or lacking in efficacy.

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2. Any initial or free assessments must be conducted under the supervision of a qualified clinician. These assessments must prioritise the well-being and needs of the individual seeking treatment and should not be solely conducted for the purpose of sales or marketing.

 

D.  Data Processing, Consent and Identity Protection

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1. Members must ensure all marketing and sales activities adhere to the General Data Protection Regulation (GDPR) when handling personal data, especially special category (i.e. clinical) data. This includes obtaining lawful consent for collecting, using, or sharing personal information. 

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2. Members must clearly disclose data handling practices, ensuring transparency about the nature, purpose, and usage of collected data. 

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3. Appropriate security measures must be implemented to protect personal data related to marketing or processing of referrals, and respect for individuals' rights—including access, correction, and deletion—must be maintained.

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4. Providers must ensure that any testimonials used are genuine, obtained with informed consent, and represent a truthful and fair representation of what other patients might expect. Additionally, it should be clear that testimonials are voluntary and uncompensated.