Pamphlets and Advertising

Pamphlets

The first brochure setting out the steps to be taken by a member of the public who had a complaint against a physiotherapist was written in 1977,  the 1500 printed were distributed by branches in 1979.  200 copies of a complaints leaflet were printed at Mr. Neame’s expense in 1978[1] .

At the AGM in 1989 it was passed the Ethical Committee produce a leaflet informing the public of the physiotherapists responsibilities and the mechanism for complaints through both the Physiotherapy Board the Society. The freeing up of advertising ethics were also discussed.

“Laying a complaint against a physiotherapist” was published in 1990 for members of the public who wished to complain,  or physiotherapists who needed further information.

The 1989 AGM had charged the Ethical Committee with preparing a pamphlet “Rights and Responsibilities of Physiotherapy  Consumers”.  By 1990 this had already been through several drafts and was ready for the printers.

However it had been put on hold because the last Government had set up the Health and Disability Commissioner Office which could produce its own code which would supersede ours.  In writing this leaflet the codes of other professions were taken into consideration,  it was finally distributed in July 1994 and revised in 1998.

Advertising

In March 1984 the Catholic charities asked whether various specified advertisements would contravene our rules, it was decided they did.  Physiotherapists asked whether their names could be included in a booklet of amenities on the North Shore and it was decided they could do so.  In July 1985 a discussion about the difference between a listing and an advertisement took place.  The original paper written by the CEAC should be updated.  It is anticipated that this will be the first move in formulating advertising ethics.

From the 1985 AGM it was decided physiotherapists may only advertise by nameplate or window lettering, calling on Medical Practitioners, card and stationery.  In the press for no more than 3 consecutive issues, in normal type, and when commencing , leaving practice, or change of practice. Signs must be professional and dignified.

The values of listing/advertising were discussed in January 1986, it was agreed the NZPPA be approached for their views.  There must be a policy by the AGM 1987

The early code of Advertising was extremely tight.  The rules which were hammered out in 1988;  accepted by the Commerce Commission and passed at the 1989 AGM were

Notices of Motion

1. Testimonials of endorsements of the practitioners service maybe used with the prior consent of the provided they were not solicited or obtained for reward. Passed
2. Advertising - Practitioners may advertise their services within these constraints - (1) Advertising must not use material or be carried out be a means, which brings the profession into disrepute. (2) Any claims made in the advertising must be capable of ready verification (3) Testimonials or endorsements of the practitioners service may be used with the prior consent of the giver and provided they were not solicited or obtained for reward. (4) Advertising shall not contain any statement or implication that the practitioner may, upon consultation, be able to procure for the patient any Government, ACC or insurance benefit. - Passed
3. Canvassing - Practitioners may offer services direct to the public provided they: (1) Do so in a manner which does not bring the profession into disrepute (2) ensure that their treatment does not conflict with any other Physiotherapy Treatment the patient is currently undergoing. - Passed Testimonials or endorsements of the practitioners service may be used with the prior consent of the giver and provided they were not solicited or obtained for reward. Advertising shall not contain any statement or implication that the practitioner may, upon consultation, be able to procure for the be able to procure for the patient any Government, ACC or insurance benefit.

Erwin Drok noted in the Annual Report for 1991 that the rules refer to professional conduct in an abstract way,  but otherwise they are forced by law to reflect the constricted requirements of the Fair Trading Act for advertising.
The Ethical Committee used the guidelines prepared by the NZPPA on advertising used in the accreditation of practices.  With a few minor changes they formed the base of Advertising Guidelines distributed to members in 1992.
The rules passed in 1993 changed the emphasis on advertising and publicity from a position where advertising was forbidden except in very narrow and prescribed circumstances to a position where advertising was permitted provided it complied with certain standards and was within certain constraints. 

The question of advertising of therapeutic or remedial massage by non physiotherapists was considered in 1997.  The only people registered under the Physiotherapy Act 1949 to advertise remedial massage are physiotherapists.  However the Ministry of Health takes a very lenient view of other people who advertise massage. 

Physiotherapists can use disclaimers,  but it was felt these would just link registered physiotherapists and non-registered people more closely together in the minds of the public.  There was a complaint in 1994 in regard to “every practitioner shall confine himself to fields of physiotherapy in which he/she is competent to practise.”  When advertising it is important to be sure that you can substantiate any claims you make.  It is also important to note that a practice is accredited,  not a practitioner.  It was necessary to make a position statement on Direct Marketing in 1996.  In May 1996 .  Legal advice was taken on whether the term “Physiotherapy” is protected under legislation against use in advertising and naming of products without Society permission. 

[1] E/M 20-5-78