Medical Council updates its Statement on advertising

Media statement

For immediate release

18 March 2015

Medical Council updates its Statement on advertising.

The Medical Council today released its updated Statement on advertising.

Council chairman, Mr Andrew Connolly says the purpose of the statement is to protect the public from advertising that is false, misleading or deceptive, and to provide guidance to doctors about the advertising of health-related products and services.

‘Advertising has a role to play in keeping patients informed, but it also has the potential to mislead.

‘Misleading advertising coupled with a lack of consumer knowledge can lead to patients being exploited, medical services being used inappropriately or unnecessarily, and patient harm, or unrealistic expectations.

‘Our revised Statement has the sole objective of protecting patients and clearly sets out our expectations of the profession.’

Council’s expectations

Mr Connolly says the Statement emphasises that:

‘Advertisements must contain truthful and balanced representations. When you choose to make a claim or include scientific information in advertising, it should:

• be valid, evidence based and substantiated

• be readily understood by the audience to whom it is directed

• be from a reputable and verifiable source

• identify clearly the relevant researchers, sponsors and the publication where the results on which any scientific evidence or claims are based appear’. (Para 11)

The use of ‘before and after’ photos

‘The use of before and after photos does have significant potential to mislead or deceive, to convey to a member of the public inappropriately high expectations of a successful outcome and to encourage the unnecessary use of services,’ said Mr Connolly.

For this reason, Mr Connolly says the use of ‘before and after photos’ must ensure they:

• Are there solely for the purpose of providing accurate and useful information to patients.

• Show a realistic portrayal of the outcome that can reasonably and typically be expected.

• Only depict patients who have undergone the advertised procedure while under your (or your services’) care.

• Have not been altered in any way.

• Use the same lighting, contrast, background, framing, camera angle, exposure and other photographic techniques in both the “before” and “after” images.

• Ensure consistency in posture, clothing and make-up.

• Are only used when the patient has given his or her fully informed consent. (Para 14)

Use of titles

‘The use of titles can be useful in terms of providing patients with information about a doctor’s expertise and experience.

‘However, some titles can mislead patients into believing that a doctor is more qualified or experienced than a colleague with the same background and training.

‘In regulating the use of titles, the Council’s aim has been to ensure that these provide patients with the clearest and most accurate possible guidance about a doctor’s expertise, ‘ said Mr Connolly.

Advertising titles, qualifications or memberships may be useful in providing the public with information about experience and expertise, but may be misleading or deceptive if patients can interpret the advertisements readily to imply that you are more skilled or have greater experience than is the case.

You must advertise only those titles, qualifications or memberships that have been:

• approved for the purposes of registration and relate to your vocational scope of practice

• conferred or approved by your College, or another training organisation that has been accredited by the Council, or another New Zealand responsible authority. (Para 16)

Gift certificates and discount coupons

Mr Connolly says one of the more contentious areas of advertising relates to advertising by means of daily deal websites which are only available for a limited time (usually one day).

‘Our concern about discount coupons is that they undermine the informed consent process (because the patient is essentially making a decision to undergo treatment before meeting with the doctor to discuss their suitability for the procedure and the risks, benefits and alternatives).

‘They are also usually time-sensitive, forcing a patient to make a decision without providing reasonable time to reflect and consider their treatment or clinical procedure.’

If a doctor chooses to advertise by means of discount coupons or gift certificates, they must ensure that these do not undermine their relationship with the patient and the informed consent process. In particular, the doctor must ensure that their coupon or certificate is clear that:

• purchase of the certificate or coupon does not equate to granting informed consent

• prior to treatment the doctor will discuss treatment options with the patient

• the patient has the right to opt out of treatment at any time

• the doctor will not provide the requested treatment if their assessment indicates that the patient is not a suitable candidate

• the doctor will only use a title with the understanding that they are professionally accountable for the training, ongoing Professional Development and recertification in that area. (Para 19)

‘Council has also agreed that it is not appropriate to offer medical treatments as prizes or gifts where this is done to promote a commercial service or for financial gain, ‘ said Mr Connolly.

A copy of the Council’s Statement on advertising can be downloaded here or from the attached PDF.

- ENDS -

statement_on_adverti.pdf

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