Advertising Ahpra and You

Advertising can be a powerful tool in persuading consumers to buy something. That’s why there are laws in place – to protect the public from deceptive claims and conduct. The advertising provisions of the National Law apply to anyone who advertises a regulated health service whether they are an individual (and whether or not they are a registered practitioner) or a corporate entity.

What are the main problems?

Most businesses understand that they cannot make claims or representations that are likely to create a false impression regarding the price, value or quality of goods or services on offer. This is why patient testimonials about treatment, gifts and inducements, representations about the outcome of treatment (that are not evidence-based) are not allowable under the Advertising regulations for health practitioners.

Ahpra has developed standards to regulate the type and amount of information provided to consumers about goods and services provided by health practitioners. The way information is presented must not set out to deceive. For example, the use of certain titles are protected under the National Law. You cannot hold yourself out to have qualifications you do not, in fact, possess. Describing yourself as a specialist in a particular field without having a specialist qualification is one such example. By way of illustration, you cannot describe yourself as “specialising in children’s dentistry” when you have not completed your paediatric masters qualification (ie: you are not a specialist paedodontist). Using post-nominals with the intent to overstate your training, education and professional capabilities is another prevalent issue.

The workforce statistics for dentistry indicate that 25% of the profession is currently comprised of hygienists, therapists, OHT’s and prosthetists. When these practitioners describe themselves as “health care professionals” or “registered health practitioners” without qualifying the exact nature of their qualification/s, they may be engaging in deceptive behaviour. This is because a member of the general public would most likely believe an oral health professional is a dentist.

What are the penalties?

Regulatory consequences for advertising breaches can include fines of up to $5,000 for individuals up to $10,000 for bodies corporate, disciplinary action or restriction on registration. The most serious advertising breaches (criminal conduct) are referred for investigation to tribunals and courts.

Hints and tips:

When preparing or reviewing advertising, AHPRA recommends that you:

• remain mindful that your audience does not have your professional background or expertise
• are honest and sell your services on their merits, and
• look at the overall impression of advertisements, rather than whether each individual statement is correct.

You can check whether your advertising is compliant at: Australian Health Practitioner Regulation Agency - Resources for advertisers (ahpra.gov.au)