WATCHCOG NIPS COSMETIC CODE IN BUD

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February 28, 2009 01:10am AEDT | Make this site your homepage

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Watchdog nips cosmetic code in bud

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Adam Cresswell, Health editor | February 28, 2009
Article from: The Australian

A PEAK body for cosmetic physicians says it is undaunted by a proposal by Australia's competition watchdog to deny authorisation to its code of practice, saying revisions to fix the objections are already under way.

The code, proposed by the 10-year-old Australasian College of Cosmetic Surgery, sets out various procedures to be followed by its members, including what advertising is appropriate and what doctors should tell potential patients about their experience performing a particular procedure.

NOTE: Australasian college of cosmetic sugery has asets the variuos procedures to be followed to its members.

But the Australian Competition and Consumer Commission issued a draft determination this week rejecting authorisation of the code, saying it had concerns the provisions would create too little public benefit and were too weak or clashed with existing state laws.

The announcement was quickly followed by a second dose of bad news for the cosmetic surgery sector: the publication by consumer organisation Choice of the results of a secret survey that found "appalling examples of unprofessional conduct" by cosmetic physicians.

Choice sent three women to 30 cosmetic surgery practices in Sydney and Brisbane, where they inquired about possible procedures to increase their breast size, siphon fat from their stomach or have Botox treatment.

The woman sent to ask for breast augmentation was told she stood a better chance of finding a boyfriend if she went ahead with the procedure, was given brochures offering loans to fund the procedure and was shown the breasts of a saleswoman in the practice as an example of the doctor's work.

The ACCS has condemned the examples highlighted by Choice, saying they amounted to "unacceptable practice" that would not be permitted under the terms of itscode.

One of the points of the ACCS code objected to by the ACCC related to patient testimonials. In its present form, the code allows a doctor to use patient testimonials if they feature the doctor's own patients and do not "create a misleading impression".

The ACCC says this is in conflict with Victorian legislation, which barred doctors using testimonials in advertising.

In addition, although a clause in the code requires ACCS members to tell patients how many times they have performed a procedure if that number is below 100, the ACCC also found this meant it is "likely that some patients would be receiving less information about the member's experience than they would" without the requirement.

The ACCS downplayed the significance of the ACCC's move, saying it already has other policies barring testimonials completely, and it is confident the code will be amended to the ACCC's satisfaction.

ACCS president Daniel Fleming says teething problems are to be expected, as the college is the first to submit its code of conduct to the ACCC for authorisation.

NNOTE:ACCS has move of the significance down played ,as the college is the first ti submit its code .

"We welcome the opportunity to enhance the code further because, by doing that, the purpose of the code -- to give consumers greater transparency and confidence -- will be best served," he says.

However, the ACCC's announcement has highlighted simmering tensions between the ACCS and other professional groups.

Howard Webster, president of the Australian Society of Plastic Surgeons, claims the attempt to have the ACCC authorise the code is "part of the tactical battle the ACCS is pursuing".

Cosmetic surgery refers to treatments to alter a person's physical appearance that are not medically necessary, such as Botox injections to remove wrinkles.

Plastic and reconstructive surgery, by contrast, refers to treatments deemed integral to a patient's medical treatment, such as skin grafts after cancer surgery or to repair damage caused by injuries.

All accredited plastic surgeons are members of the Royal Australasian College of Surgeons, whose members complete a seven-year training program. Some plastic surgeons also perform cosmetic surgery and other non-medically necessary treatments.

In a submission last year to the ACCC about the ACCS's application, Webster pointed out that the "vast majority" of the ACCS's 150 members are not surgeons but general practitioners who practise in the area of cosmetic surgery.

He also pointed out that the ACCS has applied to the Australian Medical Council for cosmetic surgery to be recognised as a specialty in its own right -- a move that would grant the ACCS's members specialist status -- and the application to authorise thecode "should be seen in the context of these facts".

However, the ACCS disputes any suggestion that the extra surgical training done by plastic surgeons makes them more competent to perform cosmetic surgery, saying no cosmetic surgery training is accredited by the Australian Medical Council and its own training programs for ACCS members are more relevant.
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