Social media

Social media includes work related and personal accounts on social networks such as Facebook, LinkedIn and Twitter. A person is responsible for content on their social networking accounts even if they were not responsible for the initial posting of the information or testimonial. This is because a person responsible for a social networking account accepts responsibility for any comment published on it, once alerted to the comment.

 

Practitioners advertising through social media should carefully review content regularly to make sure that all material complies with their obligations under the National Law. These guidelines should be read in conjunction with the Social media policy, published on National Boards’ websites.

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Advertising qualifications or memberships

Advertising qualifications or memberships may be a useful way to provide the public with information about the experience and expertise of health practitioners. However, it may be misleading or deceptive if the advertisement implies that the practitioner has more skill or experience than is the case.

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Including professional qualifications in an advertisement that also promotes the use or supply of therapeutic goods may be interpreted as a professional endorsement. Professional endorsements of therapeutic goods are prohibited under the Therapeutic goods advertising code 2018.

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Patients or clients are best protected when advertisers promote practitioners’ qualifications that are:

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• approved for the purposes of registration, including specialist registration and endorsement of registration

• conferred by approved higher education providers, or

• conferred by an education provider that has been accredited by an accreditation authority

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A list of accreditation authorities and approved qualifications for each health profession is available on the relevant National Board’s website.

 

Helpful questions to consider

Practitioners who are considering the use of titles, words or letters to identify and distinguish themselves in advertising, other than those professional titles protected under the National Law for their profession, are encouraged to ask themselves the following questions:

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• Is it appropriate for me to use this title, qualification, membership, words or letters in advertising material?

• Am I skilled in the services I am advertising?

• If I display or promote my qualifications in advertising materials, is it easy to understand?

• Is there any risk of people being misled or deceived by the words, letters or titles that I use?

 

Is the basis for my use of title, qualification, membership, or other words or letters:
  – relevant to my practice?
  – current?
  – verifiable?
  – credible?

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Use of titles in advertising

The National Law regulates the use of certain titles. Misuse of a protected title is an offence under the National Law. The misuse of titles in advertising may also contravene other sections of the National Law related to title protection. 

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Advertisers should be aware of the protected titles for the profession that they are advertising. There is no provision in the National Law that prohibits a practitioner from using titles such as ‘doctor’ but there is potential to mislead or deceive if the title is not applied clearly. If practitioners choose to adopt the title ‘Dr’ in their advertising and they are not registered medical practitioners, then (whether or not they hold a Doctorate degree or PhD) they should clearly state their profession.

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Advertisers should avoid developing abbreviations of protected titles as these may mislead the public (e.g. ‘pod’, ‘psych’, ‘RN’). It may also be misleading to use symbols, words or descriptions associated with titles.

 

Clarity may be achieved by including a reference to their health profession whenever the title is used, such as:

• Dr Isobel Jones (Dentist), and

• Dr Walter Lin (Chiropractor)

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Advertising specialities and endorsements

The National Law allows for and protects specialist titles and endorsements (an endorsement on a practitioner’s registration indicates that the practitioner is qualified to engage, for example, in a wider scope of practice than other registrants).

 

A registered health practitioner who does not hold specialist registration may not use the title ‘specialist’, or through advertising or other means, present themselves to the public as holding specialist registration in a health profession.

 

The National Law prohibits claims of:

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• holding a type of registration, including specialist registration, or endorsement of registration not held, and/or

• being qualified to hold an endorsement they do not hold

 

While the National Law protects specific titles, use of some words (such as ‘specialises in’ ) may be misleading or deceptive as patients or clients can interpret the advertisements as implying that the practitioner is more skilled or has greater experience than is the case.

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These words should be used with caution and need to be supported by fact. Words such as ‘substantial experience in’ or ‘working primarily in’ are less likely to be misunderstood as a reference to endorsement or specialist registration.

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A registered health practitioner who does not hold an endorsement may not, through advertising or other means, present themselves to the public as holding such an endorsement (such as using professional titles that are associated with an approved area of practice endorsement).

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A list of health professions with approved specialities, endorsements, including endorsements for scheduled medicines and area of practice endorsements, is available on the websites of the relevant National Board. These websites also explain the titles that a registered health practitioner with an area of practice endorsement may use.

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Advertising price information

Any information about the price of procedures in advertising of regulated health services must be clear and not misleading.

 

It is often difficult to provide an accurate price for a regulated health service in an advertisement due to the individual nature of services and the number of variables involved in the treatment. If fees and price information are to be advertised, then price information should be clear, with all costs involved and out of pocket expenses clearly identifiable, and any conditions or other variables to an advertised price or fee disclosed. This is to avoid misleading consumers and ensure they are fully informed and able to provide their full consent about health services.

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Use of phrases like ‘as low as’ or ‘lowest prices’, or similar words, phrases or questions when advertising fees for services, prices for products or price information, or stating an instalment amount without stating the total cost may be misleading and could contravene the advertising provisions of the National Law.

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Use of scientific information in advertising

To not mislead or create false impressions, caution should be taken when using scientific information in advertising.

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When a practitioner chooses to include scientific information in advertising, the information should:

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• Be presented in a manner that is accurate, balanced and not misleading

• Use terminology that is understood readily by the target audience

• Identify clearly the relevant researchers, sponsors and the academic publication in which the results appear, and

• Be from a reputable (e.g. peer-reviewed), and verifiable source.

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Advertising therapeutic goods

The Therapeutic Goods Administration (TGA) is responsible for regulating therapeutic goods including medicines, medical devices, biologicals, blood and blood products.

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If the advertising only comprises pricing for prescription-only (Schedule 4 and 8) and certain pharmacist-only (Schedule 3 of the Poisons Standard) medicines, then the advertisement must comply with the Therapeutic Goods Act 1989, Therapeutic Goods Regulations 1990, the Therapeutic goods advertising code 2018 and the Price information code of practice.

 

A list of practitioners permitted to advertise price information for certain Schedule 3, Schedule 4 and Schedule 8 medicines is included in the Price information code of practice, available via the TGA website.

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If the advertising promotes one or more therapeutic goods (under the Therapeutic Goods Act 1989), then the advertising must comply with the Therapeutic Goods Act 1989, Therapeutic Goods Regulations 1990, the Therapeutic goods advertising code 2018 and, where relevant, the Price information code of practice.

 

Advertisers should note the definition of ‘advertisement’ in the Therapeutic Goods Act 1989.

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Use of graphic or visual representations

If a practitioner chooses to use any graphic or visual representations in health service advertising (including photographs of patients, clients or models; diagram; cartoons; or other images), they should be used with caution.

 

If photographs of people are used in advertising of treatments, use of a real patient or client who has actually undergone the advertised treatment by the advertising practitioner or practice, and who has provided written consent for publication of the photograph in the circumstances in which the photograph is used, is less likely to be misleading.

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Practitioners should not use photographs of actual patients or clients if the patient or client is vulnerable as a result of the type of treatment involved, or if their ability to consent may be otherwise impaired.

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Use of ‘before and after’ photographs in advertising of regulated health services has a significant potential to be misleading or deceptive, to convey to a member of the public inappropriately high expectations of a successful outcome and to encourage the unnecessary use of health services.

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Use of ‘before and after’ photographs is less likely to be misleading if:

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• The images are as similar as possible in content, camera angle, background, framing and exposure

• There is consistency in posture, clothing and make-up

• There is consistency in lighting and contrast

• There is an explanation if photographs have been altered in any way, and

• The referenced procedure is the only visible change that has occurred for the person being photographed.

 

The guidelines do not limit the use of stock photographs and models other than in relation to the advertising of particular treatments, provided that the provisions of the National Law and these guidelines are otherwise met. However, practitioners should exercise caution due to the potential to mislead consumers.

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Use of warning statements for surgical or invasive procedures

Where a surgical (or ‘an invasive’) procedure is advertised directly to the public, the advertisement should include a clearly visible warning, with text along the following lines:

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‘Any surgical or invasive procedure carries risks. Before proceeding, you should seek a second opinion from an appropriately qualified health practitioner.’

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If the text of any warning label is in smaller print than the main text or placed in an obscure position of an advertisement, the advertisement may contravene the National Law.

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