STANDARD OF PRACTICE (7): ADVERTISING

Transcription

1 STANDARD OF PRACTICE (7): ADVERTISING Apprved by the Cuncil n February 6, 2017

2 Standard f Practice: Advertising Standard f Practice: Advertising Nte t readers: In the event f any incnsistency between this dcument and the legislatin that affects traditinal Chinese medicine and/r acupuncture practice, the legislatin gverns. Intent The intent f this standard is t assist members t cmply with the law in Ontari, specifically, the Cllege s Prfessinal Miscnduct Regulatin. Several paragraphs in the Prfessinal Miscnduct Regulatin relate t advertising. This standard describes the Cllege s expectatins fr members invlved in advertising. Backgrund Advertising is any message under the member s direct r indirect cntrl that cmmunicates infrmatin abut a member, his r her practice, what services he r she may ffer, and fee infrmatin. Advertising must be factual, accurate, easily verified, independent f persnal pinin, understandable and prfessinally apprpriate. It must nt include any infrmatin that is misleading by either leaving ut relevant infrmatin, r including nn-relevant, false, r unverifiable infrmatin. Advertisements impact hw the public will perceive the prfessin. As such, all advertisements need t be prfessinal in appearance and tne. Advertising can be in any medium and in any language. Advertising may include (but is nt limited t) the fllwing: Radi Televisin Websites Print based ntices i.e., letterheads, newspapers, magazines, jurnals, flyers, business cards Cntact listing services i.e., yellw pages Scial Media i.e., Facebk, LinkedIn, Twitter, YuTube, Weib, WeChat, WhatsApp, Internet Frums, etc. Members must take reasnable steps t ensure that advertisements placed by thers (i.e., emplyees, marketing cnsultants, etc.) meet these standards. This may include making the emplyer aware f the standard and requesting changes (in writing) that d nt cmply with the standard. General Expectatins Refrain frm guaranteeing a certain result. Each patient is individual and will respnd t traditinal Chinese medicine individually. As such, members are unable t guarantee any result with any patient. Fr example, members must nt state that receiving acupuncture will increase their chance f successful cnceptin. Each patient will respnd t treatment differently. Cllege f Traditinal Chinese Medicine Practitiners and Acupuncturists f Ontari Page 1

3 Standard f Practice: Advertising Be mindful f the inherent pwer balance between members and patients. This pwer balance is greater when the patient is in a vulnerable ppulatin. Members shuld take this int cnsideratin s as t ensure that their advertising des nt create a demand fr unnecessary treatment. Members must be mindful f all claims as any claim abut a remedy, treatment, device r prcedure must be factual and verifiable. Advertising must nt invlve pressuring vulnerable persns r patients. Calling peple by telephne r sending them an t ask them t becme patients is unprfessinal. Hwever, it is acceptable t remind existing patients f appintments, new develpments r changes in the ffice as lng as it is dne in a prfessinal manner. Ensure the infrmatin abut the member, his r her practice, what services he r she may ffer, and fee infrmatin, are current and accurate. Registered Name and Advertising Language Members must advertise in the same name they used t register with the Cllege (the Registered Name ). T d therwise wuld cause cnfusin and misplace the accuntability f the member t his r her patients. If a member is using a cmmn name in his r her advertising, the member s legal name will als be listed. Bth names must be registered with the Cllege. Members must nly practise the prfessin in the names that are registered with the Cllege. They may advertise with a cmmn name, but the legal name must als be present. When advertising in a different language, the member ensures that his r her registered name appears in the advertisements. The registered name must be the name listed in the Cllege Register. This applies t all frms f advertising i.e. print based mediums, scial media, r practice based scial media. Fr example, if a member advertises in a freign language newspaper, the advertisement may be in a different language but the member s name must appear as the registered name. Cllege f Traditinal Chinese Medicine Practitiners and Acupuncturists f Ontari Page 2

4 Standard f Practice: Advertising Scial Media and Testimnials When using scial media, ensure any advertising is cnsistent with this Standard. The name registered with the Cllege must be used, regardless f the language used n any scial media. The registered name shuld be easily visible and verifiable t the public. Members may nt pst patient (r frmer patient) testimnials, cmments r pictures. Fr example, members may nt prvide befre and after pictures f hw ne s services imprve a patient s appearance as this is inherently misleading and unverifiable. Even if infrmatin is annymized, it can still qualify as a testimnial. If the member becmes aware that a testimnial abut the member is n anther site nt cntrlled by the member, the member must make all reasnable effrts t have the testimnial remved. Terms, Titles, and Designatins Members must use apprpriate titles n all advertisements and d nt use titles that are nt authrized by law r the Cllege. Under the Traditinal Chinese Medicine Act, 2006, S.O. 2006, c.27, there are tw prtected designatins and titles: R. TCMP, Traditinal Chinese Medicine Practitiner and/r Acupuncturist R. Ac, Acupuncturist Members must nly use the title and designatin given t them by the Cllege fr their class f registratin. Members f this Cllege may nt use the title f Dctr. Nn-Ontari qualificatins need t be verifiable and clearly stated. Fr example, if a member btained an MD in India, this must be clearly stated MD (India). Members may nt use titles that infer expertise r a specialty. The Cllege des nt currently have any areas f specialities and as such, it wuld be misleading t the public t claim any level f expertise r specialty. Cllege f Traditinal Chinese Medicine Practitiners and Acupuncturists f Ontari Page 3

5 Standard f Practice: Advertising Billings and Fees Members may nt refer t themselves as a Pediatric, Gyneclgical r Chief acupuncturists r TCM practitiners. Members may nt refer t themselves as Senir Acupuncturists, r Head TCM Practitiners/Acupuncturists. Fees must nt be excessive. Fees r prices advertised shuld meet expectatins fr hnesty and accuracy (generally accepted rates fr the prfessin). Fees shuld nt be misleading r hard t understand. Fees are t be clearly understd by all. Prir t receiving treatment, patients must be advised f the fee t be charged fr the treatment s that they can make an infrmed decisin befre prceeding with the service. Fees shuld be itemized s that the patient is clearly aware f what the member charged fr each service and prduct. Refrain frm ffering r giving a reductin f fees in exchange fr prmpt payment. Fees fr service shuld be bjective and fair. Members shuld nt unduly pressure patients t pay their accunts. As such, fees fr treatment shuld be cnsistent and shuld nt reduce as a result f patients paying mre quickly than needed. Cllege f Traditinal Chinese Medicine Practitiners and Acupuncturists f Ontari Page 4

6 Standard f Practice: Advertising Legislative Cntext O. Reg. 318/12: Prfessinal Miscnduct, under the Traditinal Chinese Medicine Act, 2006, S.O. 2006, c. 27. Acts f prfessinal miscnduct 1. The fllwing are acts f prfessinal miscnduct fr the purpses f clause 51 (1) (c) f the Health Prfessins Prcedural Cde: 1. Cntravening, by act r missin, a standard f practice f the prfessin r failing t maintain the standard f practice f the prfessin. 7. Recmmending r prviding unnecessary treatment when the member knws r ught t knw that the recmmendatin r the prvisin f treatment is unnecessary. 19. Submitting an accunt r charge fr services that the member knws r ught t knw is false r misleading. 20. Charging a fee that wuld be regarded by members as excessive in relatin t the service prvided. 21. Failing t advise a patient r a patient s authrized representative, prir t prviding a service, f the fee t be charged fr the service r f any penalties that will be charged fr late payment f the fee. 22. Failing t itemize an accunt fr prfessinal prducts r services while practising the prfessin. 23. Offering r giving a reductin fr prmpt payment f an accunt. 24. Breaching, withut reasnable cause, an agreement with a patient r a patient s authrized representative relating t prfessinal services fr the patient r fees fr such services. 28. Making a claim abut a remedy, treatment, device r prcedure ther than a claim that can be supprted as reasnable prfessinal pinin. 29. Permitting the advertising f the member r his r her practice in a manner that is false r misleading r that includes statements that are nt factual and verifiable. 30. Using r permitting the use f a testimnial frm a patient, frmer patient r ther persn in respect f the member s practice. 31. Sliciting r permitting the slicitatin f an individual in persn, by telephne, electrnic cmmunicatins r ther means unless, i. the persn wh is the subject f the slicitatin is advised, at the earliest pssible time during the slicitatin, that, A. the purpse f the cmmunicatin is t slicit use f the member s prfessinal services, and B. the persn may elect t end the slicitatin immediately r at any time during the slicitatin if he r she wishes t d s, and ii. the cmmunicatin ends immediately if the persn wh is the subject f the slicitatin s elects. 32. Using a term, title r designatin in respect f the member s practice that is nt authrized by the Cllege. 33. Using a term, title r designatin indicating r implying a specializatin in an area r areas f practice f the prfessin where the use f the term, title r specialty designatin is nt authrized by the Cllege. 34. Practising the prfessin r ffering t prvide services using a name ther than the member s name as set ut in the register. 39. Cntravening, by act r missin, a prvisin f the Act, the Regulated Health Prfessins Act, 1991 r the regulatins under either f thse Acts. Cllege f Traditinal Chinese Medicine Practitiners and Acupuncturists f Ontari Page 5