Professor Anthony Love FAPS, Chair APS Ethics Committee Mick Symons MAPS, Manager Member Services, National Office
New regulations regarding the use of testimonials in advertising
The Psychology Board of Australia recently released the Guidelines for advertising of regulated health services, which were developed jointly by the National Boards under section 39 of the Health Practitioner Regulation National Law 2009. A regulated health service is defined as “a service provided by, or usually provided by, a registered health practitioner” and there are now particular regulations under the national registration scheme for advertising of such services, which apply to registered psychologists and the services they provide.
The Psychology Board guidelines explicitly state under section 5 ('What is unacceptable advertising?') that “advertising of services must not … use testimonials or purported testimonials …” As conscientious members of the APS, you would very likely know that Section C.2.3(b) of the APS Code of Ethics stipulates that “Statements made by psychologists in announcing or advertising the availability of psychological services, products, or publications, must not contain … testimonials or endorsements that are solicited in exchange for remuneration or have the potential to exploit clients …”
It is evident that there is a discrepancy between the two positions, with the Psychology Board regulation ruling out all use of testimonials and the APS Code only disallowing certain types of testimonials. As the Psychology Board guidelines are based on a national law, they are considered to be a legal requirement, and, almost invariably, a legal requirement supersedes an ethical requirement. There are some controversial exceptions, but this would not be one of them. So, if you are planning to advertise your psychological services, you must adhere to the legal requirement and be advised that you are not to use any testimonials as part of that advertising.
When this regulation is broadly applied to a range of other ‘services’ provided by psychologists, there are some contexts where relatively standard practices may now be considered in breach of the law, for example, the use of testimonials on the covers of psychological books or when promoting professional development workshops. This matter was recently discussed at length by the APS Ethics Committee, and input from the Psychology Board is being sought to assist with understanding the limits of the advertising regulation in these contexts.
Members will be provided with further information once this clarification is obtained, but in the meantime are advised to avoid the use of testimonials wherever possible, particularly in relation to their practices.
Disclaimer: Published in InPsych on June 2011. The APS aims to ensure that information published in InPsych is current and accurate at the time of publication. Changes after publication may affect the accuracy of this information. Readers are responsible for ascertaining the currency and completeness of information they rely on, which is particularly important for government initiatives, legislation or best-practice principles which are open to amendment. The information provided in InPsych does not replace obtaining appropriate professional and/or legal advice.