New guidelines for advertising cosmetic surgery
Advertising of cosmetic surgery and other non surgical cosmetic treatments have unique features which increase public risk. Doctors who perform cosmetic surgery have three months to clean up their advertising in line with tougher requirements and get familiar with new practice guidelines issued by the Medical Board of Australia (MBA) and the Australian Health Practitioner Regulation Agency (Ahpra).
On 3 April 2023, the Medical Board and Ahpra announced reforms in relation to cosmetic surgery as well as updated advertising Guidelines for registered medical practitioners who perform cosmetic surgery.
To get across the changes and how they relate to influencer marketing read this article by Tegan Boorman, The Social Law Co and AiMCO Chair.
The new guidelines come into effect on 1 July 2023, and have been issued because of various findings in an external review of patient safety issues in the cosmetic surgery industry. The new guidelines, with a strong focus on online and social media advertising, are in addition to the existing code of conduct and advertising guidelines and address the unique features of cosmetic surgery. They provide greater clarity about what is not acceptable.
Advertising must not:
be false, misleading or deceptive
offer discounts without terms and conditions
use testimonials
create unreasonable expectation of beneficial treatment, or
encourage indiscriminate use.
Background: Medical Board of Australia and The Australian Health Practitioner Regulation Authority (Ahpra) have released the outcomes of the Independent review of the regulation of medical practitioners who perform cosmetic surgery and stated that it will change how cosmetic surgery can be accessed and also how it can be advertised.
In November 2021, Ahpra and the Medical Board commissioned an external review of patient safety issues in the cosmetic surgery industry, including how to strengthen regulation of practitioners in the industry. The final report from the independent review was published on 1 September 2022 and made 16 recommendations to improve patient safety in the cosmetic surgery sector including four about cosmetic surgery advertising. Ahpra and the Medical Board have accepted all the recommendations from the independent review. Following a public consultation, the Board has approved new Guidelines for registered medical practitioners who advertise cosmetic surgery. They will come into effect 1 July 2023.
The Australian Health Practitioner Regulation Authority (AHPRA) also has released updated guidance: Social media: How to meet your obligations under the National Law. This guidance is to help registered health practitioners understand and meet their obligations when using social media.