Update October 12 2016
Belinda Henkel now has conditions published on both her nursing registration and her midwife registration:
Conditions:
1. The Practitioner is to undertake and successfully complete a program of education, approved by the Nursing and Midwifery Board of Australia and including a reflective practice report, in relation to evidence based research.
2. Within one month of the notice of the imposition of these conditions, the Practitioner must nominate, in writing, to AHPRA for approval, the name(s) of an educator(s) (the educator) to be approved by AHPRA. The Practitioner must ensure that:
a. The educator(s) nominated is a registered Nursing and Midwifery who holds unrestricted registration.
b. The nomination is accompanied by the contact details of each nominated educator(s) together with a detailed copy of each of the nominated educator’s curriculum vitae which demonstrates that the educator is senior to the Practitioner by either years of experience or position and has additional training, experience and/or qualifications in order to provide the education.
c. That the nominated educator(s) is not in a close collegiate, social or financial relationship with the Practitioner.
d. The nomination is accompanied by written confirmation from the nominated educator(s) that they have read these conditions and agrees to the nomination, they are not in a relationship with the Practitioner as described in (c) and to provide the report outlined in (f).
e. The nomination is accompanied by a written education plan outlining the form the education will take and how the topics of the education will be addressed. The education plan should consist of a minimum of two hours of hours and must include evidence based research.
f. The nomination is accompanied by a written acknowledgement from the Practitioner that AHPRA will obtain a report from the educator at the completion of the education. Such report is to outline the dates the education occurred, what the education comprised of and whether or not the Practitioner has, in the opinion of the educator, satisfactorily participated in and understood the contents of the education.
3. The Practitioner must complete the education within six months of the notice of AHPRA’s approval of the education.
4. Within one month of the completion of the education, the Practitioner is to provide:
a. Evidence of successful completion of the education.
b. A reflective practice report to the Board demonstrating, to the satisfaction of the Board, that the Practitioner has reflected on the issues that gave rise to this condition and how the Practitioner has incorporated the lessons learnt in the education into the Practitioner’s practice and confirmation that the Practitioner has not included this education or the preparation of this written report to satisfy their continuing professional development requirements.
5. The Practitioner must not use the education and/or reflective practice report undertaken in compliance with these restrictions to satisfy the practitioner’s CPD requirements.
6. Within 14 days of the notice of the imposition of these conditions, the Practitioner is to provide to AHPRA, on the form provided, the details of any and all places of practice, together with, where relevant, confirmation from the Director of Nursing/Practice Manager (or other relevant senior person) at each and every place of practice that they have sighted a copy of these conditions.
7. With each and every subsequent place of practice the Practitioner must, within seven days of the commencement of practice, provide to AHPRA the details of the subsequent place of practice together with written confirmation, where relevant, from the senior person at each and every subsequent place of practice that they have sighted a copy of these conditions.
8. With each and every subsequent alteration to these conditions the Practitioner must, within seven days of the notice of alteration of these conditions, provide to AHPRA, written confirmation from the senior person, where relevant, at each and every place of practice that they have sighted a copy of the altered conditions.
Original post:
Belinda Henkel is a registered nurse and registered midwife who practices in Melbourne. Henkel owns a business called Mobile Midwife.
Henkel has a professional Facebook page, from where the bulk of today’s evidence was collected.
On February 10 2016, Henkel posted about the Melbourne measles outbreak. This was when the outbreak was in its infancy, at a time when registered health practitioners should have been advising their clients to ensure their immunisations were up to date. Henkel did not do this; instead, she spread misinformation about the effectiveness of the measles vaccine:
On February 1 2016, Henkel shared the anti-vaccination misinformation of Neil Z Miller, who featured in this blog recently for his incitement of his followers against Dr Paul Offit:
On February 1 2016, Henkel shared the demented post from Truthkings, the work of Sherri Tenpenny,NursingNursingbased on the HPV vaccine misinformation from the ACP:
On January 27 2016, Henkel shared the new multi-conspiracy repository which was created by anti-vaccination activist, Olivier Vles, of Melbourne. Readers might remember Vles as the admin of Unvaccinated Australia, who is also the creator of The Unreasonable Wank Facebook page:
On January 15 2016, Henkel shared influenza misinformation from Bob Sears:
On December 20 2015, Henkel shared this demented post from Infowars. The post, which features ex-pharma salesperson Brandy Vaughan – arguing against Vitamin K shots, amongst other anti-vaccine conspiracies – featured in an earlier post on this blog, when it was shared by Judy Wilyman of the University of Wollongong:
On October 28 2015, Henkel shared this too many vaccines graphic from Bob Sears:
On September 21 2015, Henkel shared this photo from the NVIC, the largest US anti-vaccination organisation:
On September 4 2015, Henkel gives a nod and a wink to a story about the feared rise in unvaccinated childcare centres:
On August 24 2015, Henkel posted this anti-vaccination petition:
On August 16 2015, Premier Daniel Andrews’ post about the then-proposed Victorian immunisation/childcare legislation left this registered health practitioner “speechless”:
On May 28 2015, Henkel posted chicken pox misinformation from Belly Belly:
On January 16 2015, Henkel posted what she portrayed to be a gotcha against the whooping cough vaccine:
On January 11 2015, Henkel posted this stunning piece of anti-vaccinationist denialism, which misrepresents the anti-vaccination movement as something which isn’t dishonest:
On December 23 2014, Henkel posted misinformation from the anti-vaccination chiropractic magazine, Pathways to Family Wellness:
On September 27 2014, Henkel posted this thing from Thinking Mom’s Revolution.No more needs to be said:
On January 18 2016, over on her profile, Henkel posted the infamous, execrable German homeopath’s study:
On January 14 2-16, Henkel posted this article which praises a bunch of anti-vaccine nurses:
On January 3 2016, Henkel posted misinformation from Meryl Dorey and the Australian Vaccination-skeptics Network, which is as wrong as it is…well…just wrong. I couldn’t see where Henkel advised her followers of the public health warning against the AVN:
Anti-vaccination activism isn’t Henkel’s only thing; she also posted misinformation against the Vitamin K shot. Bleeding baby brains are all the rage, now.
On January 25 2016, Henkel posted about the “alternative perspective”:
Here is one “alternative perspective”, from 2012, when a baby died because her parents refused Vitamin K.
On January 2 2016, Henkel warned of the angst involved in “injecting substances”:
On November 14 2014, Henkel kindly alerted her followers to the choice which is available to them, when considering Vitamin K for their newborn. Henkel linked to a Suzanne Humphries YouTube video:
Henkel also warns her followers about ultrasounds. From October 9 2015:
And far from advising against amber teething necklaces, as per Australian recommendations, Henkel links to Belly Belly. From December 7 2014:
If you wish to lodge a complaint about this registered health practitioner, please visit the Nursing and Midwifery Board of Australia, here.
The following is a selection of excerpts of NMBA codes and guidelines from which you may wish to choose to include in any complaint.
Thanks for reading.
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Addendum 1
Nursing and Midwifery Board of Australia Codes and Guidelines.
Code of Professional Conduct for Nurses in Australia
1 Nurses practise in a safe and competent manner.
2 Nurses practise in accordance with the standards of the profession and broader health system.
Conduct Statement 2
Nurses practise in accordance with the standards of the profession and broader health system
Explanation
1 Nurses are responsible for ensuring the standard of their practice conforms to professional standards developed and agreed by the profession, with the object of enhancing the safety of people in their care as well as their partners, family members and other members of the person’s nominated network. This responsibility also applies to the nurses’ colleagues.
2 Nurses practise in accordance with wider standards relating to safety and quality in health care and accountability for a safe health system, such as those relating to health documentation and information management, incident reporting and participation in adverse event analysis and formal open disclosure procedures.
3 Nurses practise and conduct themselves in accordance with laws relevant to the profession and practice of nursing.
Conduct Statement 3
Nurses practise and conduct themselves in accordance with laws relevant to the profession and practice of nursing
Explanation
1 Nurses are familiar with relevant laws and ensure they do not engage in clinical or other practices prohibited by such laws or delegate to others activities prohibited by those laws.
2 Nurses witnessing the unlawful conduct of colleagues and other co-workers, whether in clinical, management, education or research areas of practice, have both a responsibility and an obligation to report such conduct to an appropriate authority and take other appropriate action as necessary to safeguard people and the public interest.
4 Nurses respect the dignity, culture, ethnicity, values and beliefs of people receiving care and treatment, and of their colleagues.
5 Nurses treat personal information obtained in a professional capacity as private and confidential.
6 Nurses provide impartial, honest and accurate information in relation to nursing care and health care products.
Conduct Statement 6
Nurses provide impartial, honest and accurate information in relation to nursing care and health care products
Explanation
1 When nurses provide advice about any care or product, they fully explain the advantages and disadvantages of alternative care or products so individuals can make informed choices. Nurses refrain from engaging in exploitation, misinformation or misrepresentation with regard to health care products and nursing care.
2 Nurses accurately represent the nature of their services or the care they intend to provide.
3 Where a specific care or a specific product is advised, nurses ensure their advice is based on adequate knowledge and not on commercial or other forms of gain. Deceptive endorsement of products or services or receipt of remuneration for products or services primarily for personal gain, other than remuneration in the course of a proper commercial relationship, is improper.
7 Nurses support the health, wellbeing and informed decision-making of people requiring or receiving care.
8 Nurses promote and preserve the trust and privilege inherent in the relationship between nurses and people receiving care.
Conduct Statement 8
Nurses promote and preserve the trust and privilege inherent in the relationship between nurses and people receiving care
Explanation
1 An inherent power imbalance exists within the relationship between people receiving care and nurses that may make the persons in their care vulnerable and open to exploitation. Nurses actively preserve the dignity of people through practised kindness and respect for the vulnerability and powerlessness of people in their care. Significant vulnerability and powerlessness can arise from the experience of illness and the need to engage with the health care system. The power relativities between a person and a nurse can be significant, particularly where the person has limited knowledge; experiences pain and illness; needs assistance with personal care; belongs to a marginalised group; or experiences an unfamiliar loss of self-determination. This vulnerability creates a power differential in the relationship between nurses and persons in their care that must be recognised and managed.
4 Nurses fulfil roles outside the professional role, including those as family members, friends and community members. Nurses are aware that dual relationships may compromise care outcomes and always conduct professional relationships with the primary intent of benefit for the person receiving care. Nurses take care when giving professional advice to people with whom they have a dual relationship (e.g. a family member or friend) and advise them to seek independent advice due to the existence of actual or potential conflicts of interest.
9 Nurses maintain and build on the community’s trust and confidence in the nursing profession.
Conduct Statement 9
Nurses maintain and build on the community’s trust and confidence in the nursing profession
Explanation
1 The conduct of nurses maintains and builds public trust and confidence in the profession at all times.
2 The unlawful and unethical actions of nurses in their personal lives risk adversely affecting both their own and the profession’s good reputation and standing in the eyes of the public. If the good standing of either individual nurses or the profession were to diminish, this might jeopardise the inherent trust between the nursing profession and the public necessary for effective therapeutic relationships and the effective delivery of nursing care.
3 Nurses consider the ethical interests of the nursing profession and the community when exercising their right to freedom of speech and participating in public, political and academic debate, including publication.
10 Nurses practise nursing reflectively and ethically.
Conduct Statement 10
Nurses practise nursing reflectively and ethically
Explanation
1 Nurses practise nursing reflectively and ethically, in accordance with the Code of Ethics for Nurses in Australia, in order to learn from experience and contribute to personal and professional practice.
2 Nurses develop and maintain appropriate and current quality nursing advice, support and care for each person requiring and receiving care and their partners, families and other members of their nominated social network. This responsibility also applies to colleagues of nurses.
3 Nurses evaluate their conduct and competency according to the standards of the nursing profession.
4 Nurses contribute to the professional development of students and colleagues.
5 Nurses participating in research do so in accordance with recognised research guidelines and do not violate their duty of care to persons receiving nursing care.
6 Nurses advise employers and any persons in their care of any reduction in their capacity to practise due to health, social or other factors, while they seek ways of redressing the problem.
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Code of Ethics for Nurses in Australia
1 Nurses value quality nursing care for all people.
2 Nurses value respect and kindness for self and others.
3 Nurses value the diversity of people.
4 Nurses value access to quality nursing and health care for all people.
5 Nurses value informed decision-making.
Value Statement 5
Nurses value informed decision-making
Explanation
Nurses value people’s interests in making free and informed decisions. This includes people having the opportunity to verify the meaning and implication of information being given to them when making decisions about their nursing and health care. Nurses also recognise that making decisions is sometimes constrained by circumstances beyond individual control and that there may be circumstances where informed decision making cannot always be fully realised.
6 Nurses value a culture of safety in nursing and health care.
Value Statement 6
Nurses value a culture of safety in nursing and health care
Explanation
Valuing a culture of safety involves nurses actively engaging in the development of shared knowledge and understanding of the crucial importance of safety in contemporary health care. Nurses who value a culture of safety appreciate that safety is everyone’s responsibility. Nurses support the development of risk management processes and a practice environment designed to reduce the incidence and impact of preventable adverse events in health care. Nurses also support the open disclosure of any adverse events to any person affected during the course of their care.
7 Nurses value ethical management of information.
8 Nurses value a socially, economically and ecologically sustainable environment promoting health and wellbeing.
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Addendum 2
Code of professional conduct for midwives
Midwives practise competently in accordance with legislation, standards and professional practice
1 Midwives practise in a safe and competent manner.
Conduct statement 1
Midwives practise in a safe and competent manner
Explanation
1 Midwives are personally accountable to the woman and her infant(s); their employer and their profession for the provision of safe and competent midwifery care. It is the responsibility of each midwife to maintain the competence necessary for current practice. Maintenance of competence includes participation in ongoing professional development to maintain and improve knowledge, skills and attitudes relevant to practice in a clinical, management, education or research setting.
2 Midwives practise in a manner that recognises the woman’s right to receive accurate information; be protected against foreseeable risk of harm to themselves and their infant(s); and have freedom to make choices in relation to their care.
3 Midwives practise within the scope of midwifery, according to the International Confederation of Midwives Definition of the Midwife (2005).
6 Midwives make known to an appropriate person or authority any circumstance that may compromise professional standards, or any observation of questionable, unethical or unlawful practice, and intervene to safeguard the individual if the concern is unresolved.
2 Midwives practise in accordance with the standards of the profession and broader health system.
Conduct statement 2
Midwives practise in accordance with the standards of the profession and broader health system
Explanation
1 Midwives practise in partnership with the woman, and in accordance with the standards of the profession (e.g. the Board-approved National competency standards for the midwife), to provide safe and effective midwifery care.
2 Midwives practise in accordance with wider standards relating to safety and quality in midwifery care and accountability for a safe health system, such as those relating to health documentation and information management, incident reporting and participation in adverse event analysis and formal open disclosure procedures.
3 Midwives practise and conduct themselves in accordance with laws relevant to the profession and practice of midwifery.
Conduct statement 3
Midwives practise and conduct themselves in accordance with laws relevant to the profession and practice of midwifery
Explanation
1 Midwives are familiar with relevant laws and ensure they do not engage in practices prohibited by such laws or delegate to others activities prohibited by those laws.
2 Midwives practise in accordance with laws relevant to the midwife’s area of practice.
3 Midwives witnessing the unlawful conduct of colleagues and other co-workers, whether in midwifery practice, management, education or research, have both a responsibility and an obligation to report such conduct to an appropriate authority and take other action as necessary to safeguard people and the public interest.
6 Midwives who are employees support the responsible use of the resources of their employing organisations.
4 Midwives respect the dignity, culture, values and beliefs of each woman and her infant(s) in their care and the woman’s partner and family, and of colleagues.
5 Midwives treat personal information obtained in a professional capacity as private and confidential.
Conduct statement 5
Midwives treat personal information obtained in a professional capacity as private and confidential
Explanation
The treatment of personal information should be considered in conjunction with the Guidelines to the National Privacy Principles 2001, which support the Privacy Act 1988 (Cwth). Many jurisdictions also have legislation and policies relating to privacy and confidentiality of personal health information including midwifery care records.
1 Midwives have ethical and legal obligations to treat personal information obtained in a professional capacity as confidential. Midwives protect the privacy of each woman, her infant(s) and family by treating the information gained in the relationship as confidential, restricting its use to professional purposes only.
6 Midwives provide impartial, honest and accurate information in relation to midwifery care and health care products.
Conduct statement 6
Midwives provide impartial, honest and accurate information in relation to midwifery care and health care products
Explanation
1 When midwives provide advice about any care or product, they fully explain the advantages and disadvantages of alternative products or care so individuals can make informed choices. Midwives refrain from engaging in exploitation, misinformation or misrepresentation with regard to health care products and midwifery care.
2 Midwives accurately represent the nature of the midwifery care they intend to provide.
3 Where specific care or a specific product is advised, midwives ensure their advice is based on adequate knowledge and not on commercial or other forms of gain. Midwives refrain from the deceptive endorsement of services or products.
Midwives practise within a woman-centred framework
7 Midwives focus on a woman’s health needs, her expectations and aspirations, supporting the informed decision making of each woman.
Conduct statement 7
Midwives focus on a woman’s health needs, her expectations and aspirations, supporting the informed decision making of each woman
Explanation
1 Midwives ensure the mother and her infant(s) are the primary focus of midwifery care.
2 Midwives support the health and wellbeing of each woman and her infant(s), promoting and preserving practices that contribute to the woman’s self-confidence and the wellbeing of the woman and her infant(s).
4 Midwives support informed decision making by advising the woman and, where the woman wishes, her partner, family, friends or health interpreter, of the nature and purpose of the midwifery care, and assist the woman to make informed decisions about that care.
6 Midwives advocate for the protection of the rights of each woman, her infant(s), partner, family and community in relation to midwifery care.
8 Midwives promote and preserve the trust and privilege inherent in the relationship between midwives and each woman and her infant(s).
Conduct statement 8
Midwives promote and preserve the trust and privilege inherent in the relationship between midwives and each women and her infant(s)
Explanation
1 Midwives promote and preserve the trust inherent in the woman-midwife partnership.
2 An inherent power imbalance exists within the relationship between each woman and midwives that may make the woman and her infant(s) in their care vulnerable and open to exploitation. Midwives actively preserve the dignity of people through practised kindness and by recognising the potential vulnerability and powerlessness of each woman being cared for by midwives. The power relativities between a woman and a midwife can be significant, particularly where the woman has limited knowledge, experiences fear or pain, needs assistance with personal care, or experiences an unfamiliar loss of self-determination. This vulnerability creates a power differential in the relationship between midwives and each woman in their care that must be recognised and managed.
9 Midwives maintain and build on the community’s trust and confidence in the midwifery profession.
Conduct statement 9
Midwives maintain and build on the community’s trust and confidence in the midwifery profession
Explanation
1 The conduct of midwives maintains and builds public trust and confidence in the profession at all times.
2 The unlawful and unethical actions of midwives in their personal lives risk adversely affecting both their own and the profession’s good reputation and standing in the eyes of the public. If the good standing of either individual midwives or the profession were to diminish, this might jeopardise the inherent trust between the midwifery profession and women, as well as the community more generally, necessary for effective relationships and the effective delivery of midwifery care.
3 Midwives consider the ethical interests of the midwifery profession when exercising their right to freedom of speech and participating in public, political and academic debate, including publication.
Midwives practise midwifery reflectively and ethically
10 Midwives practise midwifery reflectively and ethically.
Conduct statement 10
Midwives practise midwifery reflectively and ethically
Explanation
1 Midwives practise midwifery reflectively and ethically, practising in accordance with the Code of ethics for midwives in Australia, in order to learn from experience and contribute to personal
2 Midwives develop and maintain appropriate and current midwifery advice, support and care for each woman in their care and her infant(s) and family.
3 Midwives evaluate their conduct and competency according to the standards of the midwifery profession.
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Code of ethics for midwives
1 Midwives value quality midwifery care for each woman and her infant(s).
Value statement 1
Midwives value quality midwifery care for each woman and her infant(s)
Explanation
At the heart of valuing quality midwifery care is valuing each woman, the process of childbirth, the woman- midwife partnership, and the mother-baby relationship. This involves midwives assisting each woman during pregnancy, birth and the early postnatal period, providing support, advice and care according to individual needs. The woman-midwife partnership focuses on the health and midwifery needs of the woman, her infant(s) and her partner and family. Midwives have a responsibility not to interfere with the normal process of pregnancy and childbirth unless it is necessary for the safety of the women and infant(s). Quality midwifery care also necessitates midwives being accountable for the standard of care they provide; helping to raise the standard; and taking action when they consider, on reasonable grounds, the standard to be unacceptable. This includes a responsibility to question and report unethical behaviour or treatment.
2 Midwives value respect and kindness for self and others.
3 Midwives value the diversity of people.
4 Midwives value access to quality midwifery care for each woman and her infant(s).
5 Midwives value informed decision making.
Value statement 5
Midwives value informed decision making
Explanation
Midwives value people’s interests in making free and informed decisions. This includes each woman having the opportunity to verify the meaning and implication of information being given to her when making decisions about her maternity care and childbirth experience. Midwives also recognise that making decisions is sometimes constrained by circumstances beyond individual control and that there may be circumstances where informed decision making cannot always be fully realised
6 Midwives value a culture of safety in midwifery care.
Value statement 6
Midwives value a culture of safety in midwifery care
Explanation
Valuing a culture of safety involves midwives actively engaging in the development of shared knowledge and understanding of the importance of safety – physical, emotional, social and spiritual – as a crucial component of contemporary midwifery care. Midwives who value a culture of safety support reasonable measures, processes and reporting systems designed to reduce the incidence and impact of preventable adverse events in the provision of midwifery care. They also support the open disclosure to women of any adverse events affecting them or their infants during the course of their care
7 Midwives value ethical management of information.
Value statement 7
Midwives value ethical management of information
Explanation
The generation and management of information (including midwifery care records and other documents) are performed with professionalism and integrity. This requires the information being recorded to be accurate, non-judgemental and relevant to the midwifery care of the woman and her infant(s). All midwifery documentation is a record that cannot be changed or altered other than by the addition of further information. A notation in a record or a document used for midwifery care communication can have a powerful positive or negative impact on the quality of care received by a woman and her infant(s). These effects can be long-lasting, either through ensuring the provision of quality care, or through enshrining stigma, stereotyping and judgement in maternity care decision making and maternity care provision experienced by a woman and her infant(s).
The ethical management of information involves respecting people’s privacy and confidentiality without compromising health or safety. This applies to all types of data, including clinical and research data, irrespective of the medium in which the information occurs or is stored. Personal information may only be shared with the consent of the individual or with lawful authorisation.
8 Midwives value a socially, economically and ecologically sustainable environment promoting health and wellbeing.
Value statement 8
Midwives value a socially, economically and ecologically sustainable environment, promoting health and wellbeing
Explanation
Midwives value strategies aimed at preventing, minimising and overcoming the harmful effects of economic, social or ecological factors on the health of each woman, her infant(s), family and community. Commitment to a healthy environment involves the conservation and efficient use of resources such as energy, water and fuel, as well as clinical and other materials.
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Addendum 3
Guidelines for advertising regulated health services
6.2 Prohibited advertising under the National Law
Section 133 of the National Law prohibits advertising that:
- is false, misleading or deceptive or is likely to be so
- offers a gift, discount or other inducement to attract a user of the health service without stating the terms and conditions of the offer
- uses testimonials or purported testimonials
- creates an unreasonable expectation of beneficial treatment, and/or
- encourages the indiscriminate or unnecessary use of health services.
6.2.1 Misleading or deceptive advertising
Section 133 of the National Law states:
1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that –
a. Is false, misleading or deceptive or is likely to be misleading or deceptive
Eg:
– mislead, either directly, or by implication, use of emphasis, comparison, contrast or omission
– only provide partial information which could be misleading
– imply that the regulated health services can be a substitute for public health vaccination or immunisation
– advertise the health benefits of a regulated health service when there is no proof that such benefits can be attained, and/or
– compare different regulated health professions or practitioners, in the same profession or across professions, in a way that may mislead or deceive.
6.2.2 Gifts and discounts
Section 133 of the National Law states:
1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that –
b. Offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer
Advertising may contravene the National Law when it:
– contains price information that is inexact
– contains price information that does not specify any terms and conditions or variables to an advertised price, or that could be considered misleading or deceptive
– states an instalment amount without stating the total cost (which is a condition of the offer), and/or
– does not state the terms and conditions of offers of gifts, discounts or other inducements.
6.2.3 Testimonials
Section 133 of the National Law states:
1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that –
c. Uses testimonials or purported testimonials about the service or business
6.2.4 Unreasonable expectation of beneficial treatment
Section 133 of the National Law states:
1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that –
d. Creates an unreasonable expectation of beneficial treatment
6.2.5 Encouraging indiscriminate or unnecessary use of health services
Section 133 of the National Law states:
1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that –
e. Directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services
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When using social media, health practitioners should remember that the National Law, their National Board’s code of ethics and professional conduct (the Code of conduct) and the Guidelines for advertising regulated health services (the Advertising guidelines) apply.
Registered health practitioners should only post information that is not in breach of these obligations by:
- complying with professional obligations
- complying with confidentiality and privacy obligations (such as by not discussing patients or posting pictures of procedures, case studies, patients, or sensitive material which may enable patients to be identified without having obtained consent in appropriate situations)
- presenting information in an unbiased, evidence-based context, and
- not making unsubstantiated claims.
Additional information may be available from professional bodies and/or employers, which aims to support health practitioners’ use of social media. However, the legal, ethical, and professional obligations that registered health practitioners must adhere to are set out in the National Boards’ respective Code of conduct and the Advertising guidelines.
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