05 Oct 2016
The Nursing and Midwifery Board of Australia (NMBA) today published further information to help nurses and midwives to better understand their advertising obligations.
Section 133 of the National Law1 regulates the advertising of regulated health services (a service provided by, or usually provided by, a health practitioner as defined in the National Law).
Section 133 provides that a person must not advertise regulated health services in a way that:
For the latest information published by the NMBA on advertising obligations please refer to Further information on advertising therapeutic claims.
This information does not replace the NMBA’s Guidelines for advertising regulated health services, which should be your first point of reference to understand your obligations. You may also wish to seek appropriate advice, for example, from your legal advisor and/or professional association.
The burden is on you to substantiate any claim you make that your treatments benefit patients. If you do not understand whether the claims you have made can be substantiated based on acceptable evidence, then remove them from your advertising.
The Australian Health Practitioner Regulation Agency (AHPRA) is responsible for prosecuting breaches of the advertising requirements in the National Law. This means that AHPRA with National Boards needs to decide whether there has been a breach of your advertising obligations.
As part of this process, we will use objective criteria to assess whether there is acceptable evidence to substantiate therapeutic claims in advertising. We will use appropriate experts to help us evaluate evidence where needed.
These are serious matters that can have serious consequences for your professional standing and your criminal record: if in doubt about a claim, leave it out of your advertising.
1 Health Practitioner Regulation National Law, as in force in each state and territory.