Understanding Australian Advertising Rules for Plastic Surgeons and Cosmetic Clinics – AHPRA, TGA & More!

The Do’s and Don’ts of Advertising Rules and Regulations for a Medical Service in Australia – An Overview and a Quick Quiz

The following summary of Advertising Rules and other resources is provided for Practice Managers, Doctors, Surgeons and also team members working within Cosmetic and Plastic Surgery Practices in Australia. It is also essential reading for their Advertising and Marketing Agencies.

Generally, a lot of new practice staff and agencies are unaware of the many regulations concerning medical advertising. In order to avoid a complaint letter and investigation by AHPRA or TGA please comply with the following standards. Above all, if you are unsure or require clarification it is important to contact your Medical Association or a medical lawyer for assistance and reassurance.

UPDATE – MARCH 2024 – Restrictions to the marketing of Cosmetic Injectables – TGA Guidelines updated

The Australian Therapeutic Goods Administration (TGA) has further restricted the advertising and promotion of S4 prescription drugs. No longer will a range of suggested terms like “Dermal fillers” and “Anti-wrinkle Injections” be allowed. Furthermore, use of patient Before and After images promoting these injectables will be restricted – as will be the use of any business names containing words that promote their use.

Read some suggested wordings for complying with the new TGA guidelines – useful Article by Absolute Makeover

AHPRA Cosmetic Surgery Safety Hub – with information about advertising restrictions and regulations for Cosmetic Surgery

UPDATE – APRIL 2023 – Further Reading about the Latest Changes to Regulations for Cosmetic Surgery:

UPDATE – DECEMBER 2020 – AHPRA has Provided additional guidance about the use of Testimonials in Advertising.

Advertising Rules for Plastic Surgeons

Doctors and Surgeons are bound to comply with the NATIONAL LAWS and REGULATIONS set by these different Organisations

With this in mind, it’s also important to remember that ALL the other normal laws of Australia still apply as well.  Particularly concerns of the ACCC – Australia’s competition regulator and national consumer law champion.

Advertising Rules TGA injectables

A BASIC SUMMARY OF KEY MEDICAL ADVERTISING RULES 

  • Firstly, patient PHOTOS can not be used without their explicit consent. In other words, you must have patient consent for use in images and videos – this is due to Patient Privacy concerns. Also – the consent much be separate to their other consents and you should show the patient the photo that will be used and explain where it will be used.
  • Before and after patient PHOTOS must not be misleading. In other words, photos must have consistent lighting, good photo technique, similar background, similar posture and clothing, etc.
  • There must also be a clear RISK LABEL (e.g. always seek a second opinion)  or DISCLAIMER MESSAGE wherever any invasive procedure is discussed – your photos, facebook, social media, website etc  (AHPRA requirement)
  • Promoting and mentioning of prescription DRUG NAMES, nicknames or products (like Botox, Xeomin, Dysport, Juvederm, Restylane, even terms like Brotox) is NOT ALLOWED by TGA
  • As well as drug brand names, GENERIC DRUG names and INGREDIENTS (e.g. botulinum toxin, hyaluronic acid) even the word collagen are also prohibited
  • Under no circumstances can you use misleading or EXAGGERATED CLAIMS (e.g. miracle cures, painless treatments, instant recovery, totally safe procedure) – you need medical proof from peer reviewed articles and studies.
  • Patient TESTIMONIALS (defined as “positive statements”) cannot be used – No Patient REVIEWS on Websites (see the guide below on what is a testimonial) – See Updated definition Dec 14 2020 and April 2023. (Patient Ratings may be allowed)
  • No PATIENT REVIEWS on any websites directly controlled by the doctor – e.g. your own website and Facebook or paid third-party websites.

A BASIC SUMMARY OF KEY MEDICAL ADVERTISING RULES continued

  • Explicit FINANCE OFFERS or LINKS to offers from Finance companies are PROHIBITED. See AHPRA finance guideline pdf below.
  • “INDUCEMENTS to surgery” are not allowed under the RACS code of conduct for surgeons. This includes specials, deals and offers for surgeries. However, it is OK for non-surgical skin treatments if you provide terms and conditions (T&Cs).
  • REWARDING REFERRERS and INFLUENCERS for their patient referrals is also prohibited (Especially medical referrers)
  • It’s important you don’t make ‘over the top’ CLAIMS of expertise like “Australia’s Best Surgeon” or “ Best Breast Surgeon” (AHPRA, RACS code of conduct / Medical Colleges)
  • Patient INFORMATION storage can not be  ‘in the cloud’ on servers outside of Australia (without proper consent)
  • Do not claim to be a RESTRICTED TITLE person unless you are. Some professional titles include “Specialist Plastic Surgeon” or using wording like “specialist” and also “Specialises in” have restrictions.
  • Appropriate DISCLAIMERS and warning statements must be used.  Not only on websites but also on your photographs.
  • You should have Risks and Complications clearly stated all on your advertising
  • You must use the AHPRA registration number when advertising your medical services
  • Above all, you can not encourage excessive or INAPPROPRIATE USE of medical procedures
  • NOTE – THERE ARE MANY OTHER RULES!

There are also different advertising rules for cosmetic dentists (Non-medical board) and cosmetic surgeons (Non-RACS/ASPS/ASAPS members). Especially around Botox and Finance Offers. Different rules also apply in different countries – like New Zealand, France, Canada and USA – so be careful using any ad agencies and campaigns from overseas and do your research accordingly. With this in mind, if you are unsure about what is allowed in Australia – Seek advice from your Association or Medical Insurer like Avant.

ASPS Guidelines Summary

The Australian Society of Plastic Surgeons (ASPS) has a great page with links to all the medical advertising regulation guidelines. Here is the link

AVANT INSURANCE also has some great Resources for Practices – Advertising: not only online but also offline and social media

MEDICAL BOARD RULES

AHPRA Guidelines for advertising regulated health services

AHPRA Testimonial Tool – What is a testimonial?

AHPRA SOCIAL MEDIA Policy Guidelines

ADVERTISING RULES & REGULATIONS – A useful Summary Article

Aesthetic Medical Practitioner – Australian medical advertising regulations are you in the clear? April 20, 2017 – This great article helps to explain advertising guidelines and the use of Social media influencers, advertising and social media including Facebook advertising regulations, advertising medicines to consumers, Advertising prices as well as, credentials.

TAKE THE QUIZ on ADVERTISING RULES & ETHICS – TEST YOUR MARKETER!

Here is a Practice Operations and Ethical Advertising Rules Quiz for your New Doctors, Practice Team Members, and also for Advertising Staff.

MARKETING QUIZ – Basics on Advertising Rules

  • Can you REWARD a PATIENT or MEDICAL PROFESSIONAL for giving you a patient referral?
  • Can you offer a SOCIAL MEDIA INFLUENCER discounted or free surgery in exchange for promotion?
  • What are the rules around using BEFORE AND AFTER  PATIENT PHOTOS online?
  • Can you use REAL PATIENT PHOTOS in your marketing?
  • Can you use other surgeons’ PATIENT PHOTOS in your marketing?
  • Should you post group PATIENT EVENTS PHOTOS or VIDEO online?
  • Can you offer FINANCE / PAYMENT PLANS for surgery? – Where and how?

MARKETING QUIZ – Reviews and Testimonials

  • Can you actively ASK patients for a REVIEW or a testimonial?
  • Can you selectively ASK Patients for Reviews? (review gating)
  • What REVIEWS can you have on your own website?
  • Can you SHARE or retweet a patient testimonial? A patient story, a case study?
  • Can you have PATIENT REVIEWS on Facebook?
  • Can you respond to a PATIENT REVIEW on Google – Good or Bad review?
  • How can you remove a BAD REVIEW? Should you?
  • Can you SUE someone for a BAD REVIEW?
  • Can you SUE a patient for reputation damage?

MARKETING QUIZ – Copywriting tips for Ads & Website

  • Can you offer DISCOUNTS on surgery in your advertising?
  • Can you say you are an “expert in”?
  • Which words can you use in advertising – COLLAGEN – BOTOX – GALDERMA?
  • Can you advertise that a product is “TGA approved”?
  • Can you use words like BEST implants, SAFEST or SAFE Implants when advertising?
  • Should you claim to be the BEST or TOP or a LEADING Surgeon?
  • Can you say that your specialist plastic surgeon “Specialises in” a procedure?
  • Can you say that someone “specialises in” a procedure?

MARKETING QUIZ – ETHICS

  • Should your own practice staff write TESTIMONIALS or REVIEWS about your clinic?
  • Can you offer a “SPECIAL PACKAGE DEAL” for surgery?
  • Should practice staff write any REVIEWS – good or bad – about other Clinics?
  • Should Practice Staff actively promote and advocate for their surgeon on a FORUM SITE like PSHub?
  • Can you raffle off or auction off PLASTIC SURGERY AS A PRIZE?
  • Can you raffle off or auction off INJECTABLES AS A PRIZE?
  • Should you “BAD MOUTH” an underqualified Practitioner in practice or online?

PRIVACY & CYBERSECURITY QUIZ

  • Should you take patient PICTURES ON YOUR MOBILE PHONE?
  • Should you SMS patient pictures? What about urgent cases needing treatment?
  • Should you send PATIENT PICTURES BY EMAIL?
  • How often should you change your PASSWORDS & LOGINS?
  • Should you use OVERSEAS-HOSTED software?
  • Should you plug USB STICKS into your laptop?
  • How often should you BACKUP YOUR DATA? Where?

CONSULTS & MEDICARE CODING QUIZ

  • Can you use 104 CONSULT FEE medicare rebate for a purely cosmetic BA consultation?
  • Can you offer to take your CONSULT FEE off surgery price as an incentive?
  • How long does a GP or SPECIALIST REFERRAL last for?
  • What are the rules around using the 105 CONSULT code?
  • Should a male plastic surgeon have a chaperone?

COOLING OFF PERIOD QUIZ (Waiting Time Consult to Surgery)

  • What is the “cooling off period” and how long does it last?
  • When does the “cooling off period” start?
  • Does the cooling-off period start from a “virtual consult” before a real consult?
  • What is the cooling off period for a person who is ‘under age’?  What age is that?

QUESTIONS ABOUT PRACTICE ETHICS

  • Should you do a GA surgical procedure on a FAMILY MEMBER?
  • Should you do a GA surgical procedure on a STAFF MEMBER?
  • Can a Surgeon DATE a PATIENT? (A past Patient? – Can you EVER date one in future?)
  • Should you offer a STAFF SALES INCENTIVE for making surgery bookings?
  • Can a surgeon DATE A RELATIVE of a patient?
  • Is a surgeon able to DATE THE PARENT of a patient who is under or over 18?
  • Can a Dentist DATE A PATIENT?

For more detailed advice contact your Professional Society or Association. With this in mind, if you find any mistakes, have suggestions, or just want the real answers to the Quiz – please contact David Staughton from Specialist Practice Excellence

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