Advertising – what’s okay and what’s not?

Advertising – what’s okay and what’s not?

Advertising is a powerful tool and can help lift awareness of your business and drive growth through tailored messaging. However, there are laws in place to protect the public from misleading and/or deceptive conduct.  Dentists and dental practices (whether aware of the rules or not) need to ensure their advertising and use of social media is complaint or otherwise risk significant penalties. Ignorance is no defence here - Ahpra expects registered practitioners to be aware of the guidelines and ensure their advertising is compliant. So, how do you find out what you can and cannot do?

What are the issues?

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.  The regulator provides specific advice on testimonials at: Australian Health Practitioner Regulation Agency - Testimonials: Understand the requirements. This includes guidance on the definition of a testimonial (What is a testimonial?) and talks about patient reviews including what is permitted and what isn’t. There is a section on advertiser’s responsibilities and examples of what is allowed.

Other common issues include:

• use of title – practitioners who use titles or post-nominals to imply a level of training/skill they do not, in fact, possess
• use of patient images (before and after photos) which create unreasonable expectation of benefit
• time restricted offers (creating a sense of urgency or claiming health may suffer if they do not attend)

What are the penalties?

Regulatory consequences for advertising breaches can include fines of up to $60,000 for individuals (up to $120,000 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 – what is permitted and what isn’t?

There is a wealth of information available to assist dental practices to understand how to be compliant in the advertising and social media space. If the regulator determines your advertising is in breach of the guidelines, they will provide an opportunity for you to check and correct the material yourself.  As with all professional obligations, the onus is on the practice and practitioner to be aware of the guidelines and to implement these appropriately. Resources to help you are listed below.

ADA video: understand social media and advertising compliance: Naughty Websites: What Dentists need to know to keep their website squeaky clean. This resource includes many really useful examples of what you can and cannot do.

Ahpra examples of advertising content which is not permitted with guidance on how to make changes to ensure content complies with advertising regulations at: Australian Health Practitioner Regulation Agency - Examples common to all regulated professions)

Ahpra advertising hub - FAQ - common queries on advertising at: Australian Health Practitioner Regulation Agency - Frequently asked questions

Additional resources:

ADA video: social media and advertising compliance obligations

ADA SA advertising article:  Advertising Ahpra and You

Social media risks: Risk HQ article: Understanding social media risks