In brief, this article addresses changes to the Medical Council’s Statement on Advertising and advises on the use of before and after photos, email marketing and social media, and using services like GrabOne to promote your Cosmetic Clinic.
The Medical Council of New Zealand released an update to their Statement on Advertising in February of 2015, but many of my clients are unaware of it. There’s been some changes to the rules around Marketing campaigns and websites for Cosmetic Clinics and Beauty Salons. I strongly recommend you read the full Statement at the following link (https://www.mcnz.org.nz/assets/News-and-Publications/Statement-on-advertising-2015.pdf). The fines for breaching the advertising standards is currently $60,000 for an individual and $200,000 for a body corporate.
The first thing I want to make very clear is that the responsibility for the Advertising content you use to promote or market your clinic, products or services is YOURS alone. Just because a supplier provided the materials, does not mean it is compliant and your decision to use this material puts the responsibility on you; “regardless of authorship”. So you, the owner, must be aware of all materials being used in relation to your business, your staff are also not liable, just you. Also, the rules apply to ALL things you make available to the public – even if it’s only spoken (such as at a presentation).
The big one in Cosmetic Clinics is the use of before and after photos. According to the statement, you should use ANY images with caution. Before and After photos must ensure that they:
Honestly, before and after photos for a Cosmetic Clinic are far more than just an advertising tool, they are a vital part of your business. I recommend clinicians take photos AT EVERY APPOINTMENT and keep them stored in the patient’s electronic medical record. Clinics understand the value of their IPL or Laser machine and most have a separate area (or room) within the clinic, set up to for the use of this machine. Why not the same for photography? These images are really the true evidence you have to support your work. They should be considered one of the most important elements of your consultations and client interactions. I recommend setting up a specific area within the clinic for the taking of consistent and regular photos and even training staff on how to shoot and what to shoot.
For those participating or considering participating in Grab-One (or similar) deals or offering gift certificates/discount coupons, the Statement reflects the Council changing their position here, effectively relaxing some of the former restrictions around this activity.
Section 17 of the statement simply states “you must not advertise your services by visiting, emailing or telephoning prospective patients, either in person or through an agent”. You are allowed to contact existing or former patients, but not prospective ones. This could impact running Social Media campaigns designed to add email addresses to your marketing database and then running an EDM campaign to these prospective patients. I always recommend double opt-in services (such as Mailchimp) to ensure people are really providing you with permission to add them to an EDM mailing list.
If you are a doctor planning on or currently representing/endorsing a particular product, you should be very aware of the Statement on Advertising, as you are more than likely breaching the standards – especially if you are using brand names in your promotional activity and presentations.
For those participating or considering participating in Grab-One (or similar) deals or offering gift certificates/discount coupons, the Statement reflects the Council changing their position here, effectively relaxing some of the former restrictions around this activity. The Statement endorses the use of Gift Certificates or Discount Coupons provided the coupon or certificate is clear that:
However, it is not appropriate to offer medical treatments as prizes or gifts where this is done to promote a commercial service or for financial gain.
So, it appears as though GrabOne deals (and the like) are actually OK provided they comply with the above. Personally, I would NEVER advise a client to use a GrabOne type website to ‘grow’ their business. I have seen many try and almost ALL fail. These deals only benefit two people, GrabOne and the person who buys the voucher. In fact, I’ve seen these types of deals threaten to or even contribute to the collapse of otherwise healthy businesses. In addition to that, they cheapen the market for everybody and drive down profitability by undermining the established standards for payment in relation to medical treatments; IE by running a GrabOne deal, you make it harder for everyone, including yourself. I feel it is also important to consider the fact that Medical treatments should never be bought on impulse – particularly for services such as Botox. Appropriate consultation should always occur and treatment options MUST be offered – is offering cheap tox via GrabOne really doing that? There’s also Section 13 that talks to unduly glamorising a product or treatment which may come into play in this instance. Most importantly though, upholding a high standard of social responsibility is a fundamental principle defining the medical profession, not to mention a serious consideration in a litigious environment when analysing these types of activities (which may supercede this guideline document in the event of a complaint). The Pharmaceutical Society also prohibits the use of short-time offers for pharmacists and even though Pharmacies are subject to different rules, often this can influence the outcome of a court case for something like running a GrabOne deal in the Medical environment. But hey, it’s your call.