WORKPLACE RELATIONS

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Cosmetic procedures

Medical practitioners who perform cosmetic procedures or prescribe a cosmetic injectable must discuss and assess the patient’s reasons and motivation for requesting the procedure. The patient’s expectations must be discussed to ensure they are realistic.

As with cosmetic surgery, if there are indications of a significant underlying psychological issue that may make the patient unsuitable, the medical practitioner must refer the patient to a psychiatrist, psychologist or GP who works independently of the medical practitioner for assessment.

There is no cooling-off period for patients over 18 years of age, and for those under 18, the cooling-off period is at least 7 days.

Be it for cosmetic surgery or procedures, the Guidelines make it clear that it is the medical practitioner’s responsibility for patient management and the provision of adequate postoperative care. For example, for medical practitioners performing cosmetic surgery in a location that is not their primary place of practice, they will be required to be available at that location for at least 24 hours after the patient’s surgery. There must be a protocol for managing complications and emergencies during the procedure or in the immediate post-operative period.

Patients must be provided with all relevant information regarding the total costs. Financial inducements and payments prior to the ‘coolingoff’ period are prohibited as are financial schemes.

Medical practitioners are required to provide all patients with information regarding available complaint pathways. If there is a non-disclosure agreement in place, the medical practitioner must ensure the patient is aware that this does not displace the right of the patient to make a complaint to AHPRA, the Health Care Complaints Commission or the Medical Council of NSW.

Advertising guidelines cosmetic surgery

There are also new additional guidelines for advertising of cosmetic surgery. Advertising refers to all forms of verbal, printed and electronic communication that promotes and seeks to attract a person to use a regulated health service provider or service.

Advertising requires regular checks and balances to ensure it accurately depicts the risks and recovery involved with surgery so as not to mislead patients or create unrealistic expectations.

Advertising must be clear, accurate and easily understood, and it cannot work in a way which exploits the insecurities of individuals. Young people are particularly vulnerable in this space.

Medical practitioners must not advertise any kind of incentive to encourage people to have cosmetic surgery, including discounts or ‘bundling’ of multiple procedures.

The use of testimonials is prohibited because of the risks of unrealistic expectations. A medical practitioner will be deemed to have used a testimonial in advertising if they have published it, shared it via a link, re-shared it on posts or ‘stories’ or interacted with a review by ‘liking’ or commenting.

All images used in advertising must include prominent warnings that the results displayed are specific to one patient and outcomes are subject to variation in accordance with individual factors like genetics, diet and exercise. ‘Before and after’ images must not be edited, and they must be presented side-by-side or as just the ‘before’ image.

• ie No sexualised images

• ie No Taglines and hashtags

• ie Use of non-clinical terms and descriptors

Practice endorsement

The Board has introduced a Registration Standard establishing a practice endorsement for those practising cosmetic surgery. The new standard commences from 1 July 2023 and will require practitioners to apply to the Board for recognition based on approved qualifications (which are yet to be nominated) later in 2023.

These reforms have been introduced to protect patients. Medical practitioners should familiarise themselves with the Guidelines. dr.

If you have any questions about the Guidelines, please contact the AMA (NSW) Workplace Relations Team at workplace@amansw.com.au or on (02) 9439 8822.

Contributed by Dominique Egan and Kristin Kendrick-Little