Hopes of being able to use patient testimonials in advertising and other promotional material relating to regulated health services were quashed with the passing of the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022 (the Bill) in a form that abandoned a proposal to lift the ban on the use of testimonials in advertising for regulated health services. You can read more about our explanation of the Bill here.
The Bill was passed by the Queensland Parliament on 13 October 2022 and received assent on 21 October 2022.
In response to concerns raised during the Health and Environment Committee’s inquiry into the Bill regarding the highly influential nature of testimonials in the health services industry, Health Ministers agreed to withdraw the proposed lifting of the ban on the use of testimonials in advertising (that is, comments relating to personal use of a health service). These concerns were particularly significant in relation to the use of testimonials in connection with cosmetic surgery which were further reflected in the Independent review of the regulation of medical practitioners who perform cosmetic surgery (Independent Review) released on 1 September 2022. You can read more about our analysis of the Independent Review here.
The day after the Independent Review was published, federal, state and territory Health Ministers agreed to progress reforms to improve consumer protections relating to cosmetic surgery. The withdrawal of the proposed lift of the ban on the use of testimonials is said to ensure that any amendments to advertising laws are consistent with future actions and reforms in the cosmetic surgery sector.
In line with the aim of strengthening public protection, penalties for non-complaint advertising have increased twelvefold. Individuals and companies that publish non-compliant advertising or other promotional materials for regulated health services now face penalties of $60,000 and $120,000, respectively (up from $5,000 and $10,000).
Advertisements for regulated health services will be non-compliant if they:
- are false, misleading or deceptive, or likely to be misleading or deceptive;
- offer gifts, discounts or other inducements to attract consumers without stating the terms and conditions of the offer;
- include testimonials about the clinical aspects of the health service [as distinct from the non clinical aspects (e.g., administrative or billing services)];
- create an unreasonable expectation of beneficial treatment; or
- directly or indirectly encourage unnecessary or indiscriminate use of a regulated health service.
We anticipate significant further reform in this area, and will continue to keep you abreast of what to expect.
