Doctors warned about unethical advertising

The AMA (WA) Ethics Committee is concerned about some recent advertisements placed by, or on behalf of, members of the profession. Doctors should be aware of their obligation to properly inform patients (and potential patients) about medical care. They should also be fully aware of the relevant legislative provisions relating to advertising.

The AMA (WA) draws the attention of all doctors to the following legislation and guidelines and gives notice that it will actively encourage enforcement of the laws by the Medical Board when cases of potential infringement are brought to its attention:

1. Advertising should be confined to presentation of information reasonably needed by patients and colleagues to make an informed decision about the availability and appropriateness of the medical service provided.
2. The information should be demonstrably true in all respects.
3. Therapeutic goods should not be endorsed in public advertising.
4. Caution should be exercised in endorsing non-therapeutic goods in public advertising.
5. There should be no public association with products that clearly affect health adversely.
6. The practitioner should ensure that any therapeutic or diagnostic advance is described and examined through professional channels and, if proven beneficial, is made available to the profession at large.

The AMA Position Statement relating to advertising and public endorsement includes the above but adds in a more general manner that:

1. Both patients and doctors can be susceptible to persuasive influence and are entitled to appropriate protection from misleading and false advertisement.
2. Australian Competition Law prohibits advertising that is false, misleading and deceptive, or that which is likely to mislead or deceive.
3. Doctors should make sure their advertisements do not exploit patients’ vulnerability or lack of medical knowledge.

Legislative provisions state interalia that medical practitioners' advertising should not:

1. Refer to, or cite, purported testimonials from previous patients.
2. Hold the practitioner to be better in comparison to other medical practitioners.
3. Promote the practitioner in a vulgar or excessive manner.
4. Bring the profession into disrepute.
5. Promote unnecessary or inappropriate use of medical services.

All medical practitioners are recommended to refer regularly to and familiarise themselves with the AMA Code of Ethics and the Position Statement. They should also make themselves aware of the legislative provisions relating to advertising.

Apart from protecting themselves from unwanted litigation and publicity, doctors should do everything in their power to maintain the dignity of the profession by putting patients’ interests first and avoid exploiting them, thus avoiding loss of confidence in the profession.

Members wishing to advertise appropriately are encouraged to make use of the services available at the AMA in developing or finetuning their advertisement and / or notices.

Anyone requiring more information or access to the above documents should go to http://www.ama.com.au, where they can be found as a Fact Sheet in the Ethics section. Appropriate links will be provided.