Navigating AHPRA’s and TGA’s New Advertising Guidelines for Cosmetic Surgery: What Clinics Need to Know
At the end of 2020, the National Boards and the Australian Health Practitioner Regulation Agency (AHPRA) jointly revised the guidelines for advertising regulated health services. The revised guidelines implemented changes regarding the evidence required for claims about the effectiveness of a regulated health service, testimonials, protected titles and claims about qualifications. These requirements were important for public protection and to ensure the public receives accurate and honest information about healthcare services.
For more information about these updates, you can read our earlier blog article here - What GPs & Practice Managers Ought To Know About The Revised AHPRA Advertising Guidelines.
In addition, on 1 July 2023, AHPRA’s new Guidelines for registered medical practitioners who perform cosmetic surgery and procedures and its related Guidelines for registered medical practitioners who advertise cosmetic surgery came into effect to address the specific risks involved with cosmetic surgery advertising.
More recently, the Therapeutic Goods Administration (TGA) have also updated their regulations, significantly impacting cosmetic surgery advertising. While practitioners have never been allowed to promote prescription only medicines in Australia such as Botox or dermal fillers, practitioners could promote their services online and on social media using generic references like ‘anti-wrinkle treatments’ along with before and after images as examples. Now, the updated TGA guidelines align the cosmetic sector with similar medical industries, imposing stricter advertising standards to ensure ethical practices.
Background
The Australian Health Practitioner Regulation Agency (AHPRA) and the Therapeutic Goods Administration (TGA) play distinct yet complementary roles in regulating healthcare practitioners, including cosmetic surgeons, in Australia. Here’s how each organisation contributes:
Australian Health Practitioner Regulation Agency (AHPRA)
Regulation of Practitioners: AHPRA works to protect the public by regulating Australia’s health practitioners, including cosmetic surgeons. This is done in partnership with the Medical Board of Australia.
Registration and Licensing: Cosmetic surgeons must be registered with AHPRA to practice legally in Australia. Registration ensures that practitioners meet necessary professional standards of qualifications, training, and ethical conduct.
Professional Standards and Conduct: AHPRA, through the Medical Board of Australia, sets standards, codes, and guidelines that practitioners must adhere to. This includes competency standards as well as ethical guidelines that govern professional behaviour.
Complaints and Discipline: AHPRA also handles complaints against practitioners. If a cosmetic surgeon is found to have breached professional standards, AHPRA can impose sanctions, ranging from reprimands to revoking the practitioner’s license to practice.
Therapeutic Goods Administration (TGA)
Regulation of Products: The TGA is responsible for regulating therapeutic goods, which includes medicines, medical devices, and other products used in healthcare. For cosmetic surgeons, this primarily involves overseeing the safety and efficacy of products they may use, such as dermal fillers, Botox, and surgical implants.
Approval and Monitoring: Before any therapeutic good can be used in Australia, it must be approved by the TGA. This ensures that all medical products used in cosmetic surgery are rigorously tested and evaluated for safety and effectiveness.
Post-Market Surveillance: The TGA also monitors these products once they are on the market to ensure ongoing safety. This includes tracking adverse events and ensuring that products continue to meet strict regulatory standards.
Together, these two regulatory bodies ensure that both the products used in cosmetic surgery and the surgeons themselves meet high standards, safeguarding public health and patient safety.
What You Need To Know Now?
After launching an independent external review, AHPRA found advertising, specifically within the cosmetic surgery sector, posed significant risks and lacked protective measures. These risks included unclear qualifications of practitioners, the entirely elective nature of cosmetic surgery and the influence of social media on consumer choices, particularly regarding body image concerns.
Following AHPRA’s update, the TGA has also tightened their guidelines on the promotion of cosmetic procedures. Now, the TGA’s updates further restrict the language and imagery practitioners can use, aiming to improve public safety and address the increasing vulnerability of Australians influenced by cosmetic advertising.
So, let’s explore the key aspects of the new guidelines and what clinics need to know to navigate these changes successfully.
AHPRA and TGA Advertising Guidelines Updates
The recent updates to AHPRA’s and TGA’s advertising guidelines only apply to practitioners who perform cosmetic surgery. Cosmetic surgery is defined as ‘operations and other procedures that revise or change the appearance, colour, texture, structure, or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a more desirable appearance.’
While the guidelines exclude medically justified surgeries and procedures which may improve appearance, reconstructive surgery and gender affirmation surgery the implementation of the new guidelines set a higher standard to ensure well-informed patient decisions.
We discuss some significant changes below, though it is important to note the list is not exhaustive. You can and access and read the new AHPRA guidelines here and TGA guidelines here.
Accurate Self-Descriptions
The accuracy and honesty of statements regarding a practitioner’s training, qualifications, registration and experience significantly impact patient relationships and trust. When advertising oneself, clear and unambiguous information about qualifications and medical registration must be provided. While advertising professional memberships is acceptable, the use of acronyms alone without explanation is not permitted as they may potentially mislead patients. Furthermore, terms, taglines or hashtags such as ‘magic hands,’ ‘sculptor,’ or ‘king or queen’ are strictly prohibited as they have the potential to mislead and create false expectations for patients.
Financial Incentives
Practitioners must not provide financial benefits which may incentivise individuals to undergo cosmetic procedures. This may include offers such as discounts for procedures scheduled before a specific date, benefits like spa treatments integrated into packages, discounted bundles for multiple procedures or referring a particular practice or practitioner. The TGA also considers any price information for prescription only medicine to be an advertisement for that medicine, which is prohibited. These guidelines prioritise the integrity of patient decisions, discouraging any form of inducement which may compromise the ethical considerations surrounding cosmetic surgery.
Testimonials
In addition to adhering to the broader advertising guidelines, the inclusion of any sort of patient experiences, success stories or fabricated testimonials are not permitted. This restriction is implemented by both AHPRA and the TGA to reduce creating unrealistic expectations of the results of cosmetic surgery among prospective patients. While medical practitioners are not held accountable for reviews posted by patients on third-party platforms, they are required to take preventive measures to avoid interactions or the publication of such reviews within their control. This risk can be minimised by practitioners by disabling review, comment or tagging functions on their online digital and social media platforms.
Responsible Use of Imagery
The utilisation of imagery in cosmetic surgery advertising should avoid misleading the public, idealise procedures, or create unreasonable expectations. If any images are used, they must be accompanied by a warning, emphasising that the outcomes are specific to that particular patient and may not reflect the results experienced by other individuals. Before and after images, are now prohibited by the TGA and may only be presented cautiously in one-on-one patient consultations, ensuring they are authentic and not influenced by factors like lighting, makeup, facial expressions, clothing or camera angles. Even if the images do not directly state what cosmetic work has been done or administered, the TGA may find an indirect reference for cosmetic services which is not permitted. The guidelines also prohibit any form of editing or enhancement to the images to maintain transparency and accuracy in portraying the potential results of cosmetic surgery.
Reality of Cosmetic Surgery
It is imperative to acknowledge the inherent invasiveness and potential risks associated with cosmetic procedures. Advertisements in this sector must go beyond showcasing the benefits and aesthetics and provide accurate, realistic and educational information about potential risks. Failure to do so not only risks misleading the public but also creates unrealistic expectations about the benefits of cosmetic treatments.
Moreover, all cosmetic surgery advertising must transparently communicate the need for time, support, and proper aftercare during the recovery process. This includes detailing recovery times, potential lifestyle changes and necessary recovery services. To maintain ethical standards, advertising should refrain from downplaying the recovery process by using terms like ‘gentle,’ ‘simple’, or ‘quick,’ recognising that individual healing experiences vary. Words like ‘magic,’ ‘art’, or ‘sculpt,’ and phrases such as ‘get her look,’ ‘bikini body,’ or ‘desired look; should be avoided, emphasising the individualised nature of cosmetic surgery and outcomes may vary due to factors like genetics, diet and exercise. The updated TGA guidelines also place stricter provisions on such colloquial phrases and abbreviations, as any language that may serve as direct substitutes for certain cosmetic procedures such as ‘wrinkle reducing,’ or ‘weight loss injections’ are not permitted.
Protecting Vulnerable People
These measures are strict to ensure patient decisions are based on integrity and ethical considerations, however, concerns have arisen that these restrictions may actually reduce transparency on cosmetic procedures. Consequently, patients will now need to book consultations with practitioners to access such information. This approach aligns with practices in other medical fields such as psychology and psychiatry encouraging patients to engage in direct conversations with practitioners, based on advice that relates to them as the patient rather than relying solely on online testimonials which can be biased.
Medical practitioners must acknowledge the heightened vulnerability of children and young people to body image pressures. When advertising potential improvement of a patient’s body image through cosmetic surgery, practitioners must exercise caution, recognising the potential risks with such messaging.
Advertising efforts should refrain from targeting or directing content towards minors. Strategies such as categorising content as ‘adult content,’ leveraging algorithms appropriately and contemplating the frequency of posts should be carefully considered to mitigate the potential impact on vulnerable groups and contribute to responsible advertising.
Our Recommendations
Unsure whether you are meeting your obligations? While the guidelines discussed only focus on requirements for cosmetic surgery, the Medical Board of Australia conduct regular reviews and may introduce changes as needed. To remain vigilant, you may consider;
Reviewing your website and social media accounts to ensure they comply with the new advertising regulations;
Correcting any content that does not meet the national guidelines to maintain ethical standards;
Seeking expert advice from a legal professional to ensure compliance with the guidelines.
Considering advertising your medical practice’s services? We have a fast-track solution for an Advertising Framework available to purchase here, applying to all advertising and social media activity of your practice, including your website, social media listings and any other online or print content over which your practice controls.
If you have any other questions about this topic, our fast-track solution, or anything else, please don’t hesitate to contact our team here, and we will put you in touch with the best professional for your needs.
Further Information
The Medical Board of Australia’s Cosmetic Surgery Advertising Guidelines can be found here.
Related: What GPs & Practice Managers Ought To Know About The Revised AHPRA Advertising Guidelines.
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