Advertising in the Health-Care Sector

Advertising in the Healthcare Sector

Legislation regarding advertising in the health-care sector falls under the federal statutory Trades Practices Act 1974 and the Medical Practices Act 1994, and the regulatory body that enforces the act is the Australian Competition and Consumer Commission (ACCC).
The acts are designed to protect consumers and the community from false and misleading advertising.

The Medical Practice Act 1994 outlines the responsibilities of the Medical Practitioners Board of Victoria in relation to regulation of advertising by medical practitioners. It states that a person must not advertise a medical practice or medical services in a manner which:

➢ is or is intended to be false, misleading or deceptive
➢ offers a discount, gift or other inducement to attract patients to a medical practitioner unless the advertisement also sets out the terms and conditions of that offer
➢ refers to uses or quotes from testimonials or purported testimonials
➢ creates an unreasonable expectation of beneficial treatment.

There are risks that advertising which is false, misleading or deceptive can lead to the provision of unnecessary medical services, or create unrealistic expectations about the benefits of such services, with adverse consequences for consumers.
The TPA prohibits conduct that is unconscionable, misleading or deceptive, or is likely to mislead or deceive.
Forms of promotion that are subject to legislative regulation include:

➢ print and electronic advertisements;
➢ outdoor advertisements;
➢ patient information brochures;
➢ direct mail outs
➢ representations made on the Internet.
➢ oral statements made to patients by health care professionals and their employees
In addition, Health Complaints Offices exist in some states, and medical and other health practitioner registration associations also assist in providing guidance on appropriate advertising for health professionals. For example, the Australian Medical Association's Position Statement on Advertising and Endorsement states that information about medical services should:
➢ be demonstrably true in all respects;
➢ not be misleading, vulgar or sensational;
➢ seek to maintain the decorum and dignity of the profession;
➢ not contain any testimonial or endorsement of clinical skills;
➢ not claim that one doctor is superior to others, nor contain endorsements for any particular doctor;
➢ avoid aggressive forms of competitive persuasion.

In accordance with these general guidelines, the AMA Position Statement states that the chief purpose of any advertisement should be to present information that is reasonably needed by any patient to make an informed decision about the appropriateness and availability of the medical services offered.


Differences between receiving private and public cataract surgery:
Public hospital:
o No direct cost to patient
o No choice of treating doctor, and often no consistent doctor during course of treatment
o Waiting time for elective procedures.
Private hospital:
o Cost of insurance and out of pocket expenses
o Choice of specialist and continuity of care
o Minimal waiting time.