New tool helps with testimonial law

A new tool to help practitioners and advertisers understand their obligations about using testimonials and reviews to
advertise regulated health services in Australia is now available.

The testimonials tool is the latest in a series of resources and support materials developed by the Australian Health
Practitioner Regulation Agency (AHPRA) and National Boards to help health practitioners, healthcare providers and
other advertisers of regulated health services to comply with the The Health Practitioner Regulation National Law (the National Law).

The tool includes information and flow charts to help practitioners and advertisers understand why testimonials are not allowed and which reviews or feedback can be used in advertising.

Under section 133(1) of the National Law a person must not advertise a regulated health service, or a business that
provides a regulated health service, in a way that uses testimonials or purported testimonials about the service or
business.

In the context of the National Law, advertising includes any public communication that promotes a regulated health
service such as all forms of printed and electronic media and a testimonial includes recommendations or statements
about the clinical aspects of a regulated health service.

AHPRA CEO Martin Fletcher said advertising had changed dramatically in the last decade.

"Websites and social media have increasingly evolved into major marketing tools," he said.

"The National Boards and AHPRA recognise that these sites provide opportunities for patient feedback but advertisers
have a legal and professional responsibility to make sure they don’t use testimonials unlawfully in advertising."

Using testimonials to advertise regulated health services is prohibited under the National Law because they are not
usually a balanced source of information, and typically include a narrow selection of positive comments about patient
experiences. Also the outcomes experienced by one patient do not necessarily reflect the likely outcomes for others,
so a testimonial doesn’t tell the whole story.

"Our law bans using testimonials to advertise but there are ways advertisers can use positive patient reviews and
feedback," Fletcher said.

"Comments about friendly staff, plenty of parking or extended opening hours, for example, can be used to advertise a regulated health service but under the law advertising cannot include testimonials about clinical care.