New South Wales Repealed Regulations

This legislation has been repealed.

MEDICAL PRACTICE REGULATION 2003 - REG 10

10 Advertising

(1) For the purposes of section 114 of the Act, a person (including a corporation) may advertise medical services in any manner, except as otherwise provided by this clause.

Note: Section 114 of the Act makes it an offence for a person (including a corporation) to advertise medical services except in accordance with the regulations.

(2) Medical services must not be advertised in a manner that:

(a) is false, misleading or deceptive, or

(b) creates an unjustified expectation of beneficial treatment, or

(c) promotes the unnecessary or inappropriate use of medical services.

(3) Any scientific or statistical information used in advertising must be presented in a manner that can be readily understood by persons without any medical or scientific training or experience.

(4) Any advertising that contains two or more photographs for the purpose of depicting a person before and after the person has received medical services must comply with the following:

(a) photographs that purport to be of the same person must in fact be of the same person,

(b) the person or persons photographed must in fact have received the medical services that are being advertised,

(c) the medical services must have been performed by the medical practitioner whose services are being advertised or, in the case of advertising for medical services by a medical corporation, a medical practitioner who is currently employed or otherwise engaged by the medical corporation to perform the medical services,

(d) photographs of the same person must be presented in the same or a similar manner (including the same or similar framing, lighting and make-up).

(5) Any photograph of a person (or part of a person) used in advertising that depicts, or claims to depict, the results of medical services (including a photograph of a kind referred to in subclause (4)):

(a) must not be altered or manipulated in a misleading or deceptive manner, and

(b) must be accompanied by a statement, prominently displayed or communicated, to the effect that:

(i) the photograph shows the result of the medical service performed on one person, and

(ii) there is no guarantee that other persons will experience the same or a similar result.

(6) In the case of advertising for medical services that contains two or more photographs of a kind referred to in subclause (5), it is sufficient compliance with subclause (5) (b) if the advertising is accompanied by one statement referred to in that subclause.