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Cosmetic surgery advertising concerns remain despite release of review report
1st Sep 2022
The recommendations made as a result of Ahpra and the Medical Board of Australia's review of the cosmetic surgery industry are not strong enough to improve patient safety quickly, says the Australian Lawyers Alliance (ALA).
“The ALA is concerned that there is nothing in the report that will improve patient safety quickly enough. Many of the recommendations will be useful but they rely on the regulator stepping up enormously, as well as taking swift and strong action even when the spotlight is not on them,” said Ngaire Watson, barrister and spokesperson for the ALA.
“The lack of timelines in both the final report and in Ahpra and the Medical Board's response is problematic. Patients and practitioners need clarity, and clear timelines will also act as another measure of holding the regulator to account for the implementation of these necessary reforms.”
The ALA is particularly concerned that the report does not contain a clear directive to the Queensland Parliament to ensure that proposed changes to the National Law regarding the use of testimonials do not proceed through the host jurisdiction (Queensland) and then onto the other states and the territories.
“We hope Ahpra’s acceptance of the recommendations reflects the regulator’s position on the use of testimonials in cosmetic surgery advertising moving forward, but we still need a clear recommendation that the National Law should not be changed,” said Ms Watson.
“Without legislative backing to keep the ban on testimonials, it will be too easy for false and misleading testimonials to end up in the marketplace.”
The ALA welcomes the recommendation that proactive auditing of cosmetic surgery advertising is undertaken.
“The ALA has long called for Ahpra to take a proactive approach to monitoring compliance with its own advertising guidelines, without the need for a member of the public or another practitioner to first complain. We look forward to seeing this recommendation implemented swiftly,” said Ms Watson.
The ALA also welcomes the recommended legal scrutiny of section 133(1)(e) of the National Law in relation to cosmetic surgery and the extent to which it may effectively prohibit forms of advertising of cosmetic surgery.
“This analysis must be done in order to ensure the legislation is being understood and enforced properly by practitioners, regulators, policymakers and the general public. Despite what the final report recommends, the ALA believes that this legal advice should be made public,” said Ms Watson.
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