16 Sep Am I allowed to use testimonials as a health practitioner?
What is AHPRA?
In 2010, Australia introduced the National Registration and Accreditation Scheme (NRAS), making legislation governing health practitioners consistent in all Australian states.
AHPRA, which stands for the Australian Health Practitioner Regulation Agency, is responsible for implementing the NRAS. As a part of such a responsibility, AHPRA receives complaints about registered health practitioners on behalf of the national boards and manages the complaints process. These complaints are called ‘notifications’ and include violations of the testimonial requirements of AHPRA professionals.
Who does AHPRA apply to?
The AHPRA applies to all 16 health practitioners that the NRAS governs. They are:
- Aboriginal and Torres Strait Islander health practitioners
- Chinese medicine practitioners
- chiropractors
- dental practitioners
- medical radiation practitioners
- medical practitioners
- nurses
- midwives
- occupational therapists
- optometrists
- osteopaths
- paramedics
- pharmacists
- physiotherapists
- podiatrists
- psychologists.
All the above-mentioned health practitioners must follow the testimonial requirements listed by NRAS and implemented by AHPRA.
What are the rules under AHPRA when it comes to testimonials?
Testimonials are often referred to as reviews. They are essentially a statement made by a consumer regarding the quality and satisfaction of a product or service. With the rise of social media, they have now become a standard advertising tool. Consumers actively look at testimonials shared on Google, Facebook and even Youtube before buying products or services.
One can now find a review for almost all types of services, including restaurants, businesses, and movies, but will not be able to find one for health practitioners. This is because the NRAS has stringent rules about testimonials.
Since 2010, the NRAS has restricted the use of testimonials in advertising by health practitioners. This means that health practitioners cannot use testimonials in their own advertising, irrespective of the platform of such advertisement. They cannot share consumer or patient reviews on their social media accounts, websites, or printed advertisements. However, the NRAS does not ban consumer comments and discussions within the comments section of the health practitioner’s social media accounts, as long as the post was not an advertisement of a health care service provided by the practitioner and the comments did not involve the practitioner.
These are all complex requirements that health practitioners often overlook until they receive a notification from the AHPRA for violating the rules regarding using testimonials. To avoid this from happening, we recommend reading as many resources as possible, including this FAQ and seeking legal advice prior to advertising for such services.
Are there any changes to the advertising rules in 2022?
The rise of social media and consumer engagement has prompted a need for change. Due to the lack of social media, implementing a ban on testimonials for health practitioners would have been easier in 2010 than in 2022. With increasing social media presence and autonomy, it becomes difficult for the AHPRA to find such violations independently. Therefore, they rely on other parties to report such violations.
The Health Practitioner Regulation National Law and Other Legislative Amendment Bill 2022 was tabled in Queensland Parliament on 11 May 2022. This Bill attempts to change the NRAS law regarding the ban on the use of testimonials. If the Bill is accepted, Health practitioners might be able to use positive testimonials from their clients and patients to advertise their products and services.
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.