A draft version says that the NHS needs to give “reliable information” to assist patient choice, and should not spend too much on advertisements. There is unlikely to be a cap on trusts’ spending but costly television advertising is likely to be ruled out.

In consultation with GPs, patients now have a choice, albeit limited, of which hospital to have treatment at. Under the new payment-by-results system, hospitals are being given funds per patient treated. The successes of hospitals could be presented to patients through advertising; some independent hospital chains already advertise their services to GPs.

Gill Morgan, of the NHS Confederation, said: “We are trying to change the NHS from being a service where you get what you’re given, really, to a service where patients are much more able to choose what they want.”

Jonathan Fielden, of the British Medical Association, said: “NHS hospitals will have no option but to invest in marketing tactics if they are to survive against private firms. It is a sad indictment of government policy to consider spending public money on advertising NHS services when hospitals are having to make cutbacks in patient care, and redundancies.”

The department said that a code on advertising would be put out to consultation soon.

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