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Poll results – no clinical testimonials on your website
Monday, 12 August 2024
While most members answered our poll question correctly, almost one in five got it wrong. So, what information can you include on your website?
Almost 400 doctors answered the poll question, ‘Can you use a patient’s testimonial about your clinical care on your website?’ in our July newsletter, with about 80% answering ‘No’ correctly. That also means almost one in five doctors think it’s okay to use a patient’s testimonial in their advertising – but it is not.
It is an offence under the Health Practitioner Regulation National Law to advertise health services in certain ways. Ahpra has clear guidelines to help explain what is and isn’t allowed when you’re advertising, which includes what’s on your website.
Testimonials about clinical aspects of your care can’t be used in your advertising. This may include information about symptoms, why treatment was sought, interventions provided, the outcome, or your skills or experience.
In most cases, Ahpra gives you an opportunity to correct the breach first, however breaches may also be prosecuted, with the maximum penalty per offence being $60,000 for individuals and $120,000 for companies.
Patient testimonials
Reviews, testimonials or feedback that don’t include any reference to clinical aspects of care are allowed, for example, comments about the ‘convenient location’ or ‘friendly staff’. However, only unedited, non-clinical testimonials are acceptable, so editing a testimonial to remove clinical content is not advised.
If you want to share your rating from a third-party review website, you can use the award symbol or rating, as long as you don’t publish, or link to, the reviews or testimonials on which the award or rating is based.
You can ask patients to leave reviews on third party sites, but exercise caution. Advertising can’t be false, misleading or deceptive. So, if you invite patients to leave reviews, you should ask all patients, not only those you think would leave a positive review. And don’t attempt to influence or reward patients in return for positive reviews, as this could raise concerns about unprofessional conduct.
Types of content allowed on your website
Information must be factual and not encourage people to use a health service that’s not clinically indicated. Any information on pricing or about Medicare rebates should be clear and factually correct. You can advertise a gift or reward as long as you clearly state the relevant terms and conditions.
Make sure you only use protected specialty titles you are qualified to use. As well as the advertising penalties already mentioned, there are further financial penalties for breaches of the title protection provisions, and possible imprisonment.
You can use photos and images on your website, but they must be appropriate and not misleading. Remember to get consent from a patient, if you want to use their image.
Advertising covers many things
Advertising is anything that promotes you or your practice or services. It includes your website, social media, signage, brochures and print, radio or television advertisements. Ahpra’s definition also covers business cards, email signatures, your letterhead, public facing professional notices (such as recall notices) and appearances on television or radio to provide information or answer questions from the public.
More information
Avant factsheet: Advertising guidelines when promoting your practice
More ways we can help you
Disclaimers
IMPORTANT: This publication is not comprehensive and does not constitute legal or medical advice. You should seek legal or other professional advice before relying on any content, and practise proper clinical decision making with regard to the individual circumstances. Persons implementing any recommendations contained in this publication must exercise their own independent skill or judgement or seek appropriate professional advice relevant to their own particular practice. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice. Avant is not responsible to you or anyone else for any loss suffered in connection with the use of this information. Information is only current at the date initially published.