While there are laws for advertising any business in Australia, the Australian Health Practitioner Regulation Agency (Ahpra) has specific requirements for anyone advertising a regulated health service. These requirements apply equally to all types of health professionals regulated by Ahpra.

These advertising requirements are set under Section 133 of the Health Practitioner Regulation National Law. Therefore, breaching an advertising requirement is a criminal offence for which prosecution and financial penalties can apply. For an individual, there may be a penalty of up to $60,000 per offence and $120,000 for a body corporate.

Where to get the facts

It’s incredibly important that all health practitioners and health practices who advertise a regulated health service make themselves fully aware of these requirements and what they need to do to comply.

The information in this article summarises the key requirements, yet it’s important to refer to the information provided by Ahpra to be fully informed, which can be found at ahpra.gov.au/Resources/Advertising-hub.

Within the hub, you’ll find the document titled Guidelines for advertising a regulated health service, published December 2020, which provides a wealth of information and guidance.

What’s advertising?

Ahpra defines advertising as “all forms of verbal, printed or electronic public communication that promotes a regulated health service provider to attract a person to the provider (practitioner or business).”

This includes all forms of advertising such as websites, social media, flyers, billboards, signage and business cards.

What’s not allowed?

There are five advertising requirements regarding what’s not allowed in advertising according to the National Law. Section 133 of the National Law states that a person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that:

• (a) is false, misleading or deceptive or is likely to be misleading or deceptive

This requires advertising to be honest and factual, with consideration for the audience and their level of understanding. The information should be detailed, as partial information has the potential to be misleading. It must also be based on “acceptable evidence.”

• (b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer

Terms and conditions need to be clear, not misleading, and easy to understand. Details of price and services must be easily understood.

• (c) uses testimonials or purported testimonials about the service or business

Testimonials about clinical aspects of care are not allowed. They can be biased, subjective, and misleading.

• (d) creates an unreasonable expectation of beneficial treatment

Do not make unsubstantiated scientific claims, overstate benefits, or describe treatments as risk-free. All treatments carry some level of risk.

• (e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services

Advertising must not create a sense of urgency or encourage regular appointments without clinical justification.

Use of titles

Accuracy and detail in titles are important to ensure the public understands a health professional's qualifications and registration type. Even technically correct information can still be misleading.

All registered health professions regulated by Ahpra are protected titles under the National Law. These titles can only be used in advertising by professionals who are qualified and registered under that profession. This includes specialist registration. Using terms like “specialist,” “specialises in,” or “specialty” without specialist registration may be misleading and in breach.

“Doctor” or “Dr” is not a protected title and can be used by various health professionals. However, if it doesn’t refer to a medical practitioner, the specific type of health professional must be made clear to avoid misleading the public.

What you’re responsible for

Health practitioners are responsible for compliance with advertising requirements when they have control over that advertising. For example, if a testimonial appears on a practitioner’s social media page, they must remove it. If it appears on a public review site, they are not expected to remove it—but they should not promote it through likes or shares.

Anyone who advertises a regulated health service is considered an advertiser and is responsible for ensuring their advertising complies. This includes marketing or advertising professionals. The responsible advertiser must review any content produced on their behalf.

Guild Insurance encourages health practitioners regulated by Ahpra to review all of their advertising and make any necessary changes immediately to ensure compliance. Remember, these advertising requirements are the law!

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