Spreading The Word

If spending large chunks of the budget on advertising was not delivering results, Coca Cola would not still be doing it today. Whether for large corporations or small businesses, this maxim holds true. It does not matter how good the product or service is, if consumers are not made aware of its existence, they will not be able to choose it over another product or service. The same applies to the business of practicing as a Therapeutic Massage Therapist. It is through marketing and self-promotion that we build up an adequate patient-base that can sustain the enterprise.

But unlike advertising campaigns that sell consumables, commodities and services to readers and television audiences, very specific regulations guide the promotion of health professions. These rules and standards are set out in the legislation and regulations passed by the South African Parliament and policed by the Department of Health and the various health professions councils such as the Allied Health Professions Council (AHPCSA). These institutions' first responsibility is towards the public and as such the regulations determining how TMT therapists are allowed to promote their businesses, are intended to protect patients against unscrupulous, misleading and unethical practices.

The aim of this article is to illustrate some common transgressions of the regulations of the Allied Health Professions Act, 1982 (Act 63 of 1982) regularly appearing in newspapers, magazines and the electronic media e.g. Internet websites and listings. Each contravention is highlighted and briefly discussed. Read the following section in conjunction with the example.

1. Lime Tree Wellness Clinic TMT therapists (and all other health professionals) are at all times held personally liable for what happens in their practice. We, therefore, have to practice under
2. our own names and may not use as a name for a private practice, any name or expression, except the name of the therapist. The name Lime Tree Wellness Clinic is in contravention of Section 51 (a) p 74 of the AHPC Act. The ad should open with the name of the therapist followed by what he/she is registered as: Jane Doe, Therapeutic Massage Therapist. In the case of a TMT therapist in partnership with other health professionals, the names of these therapists or practitioners may also appear in the name.
3. Section 51(b) prohibits the use of words such as hospital or medical clinic or any other term that could create the perception that such a practice forms part of, or is in association with, a medical hospital, medical clinic or similar institutions
4. Therapeutic Massage Practitioner - the legal title for someone practising Therapeutic Massage is therapist and not practitioner.
5. Although incorporating new techniques and methodology into the therapy via continued professional development, is acceptable, it is in contravention of the law for a registered TMT therapist to practise or advertise a non-registered therapy with a registered therapy. The law also states that we may not share premises with unregistered therapists and by implication we may not practice unregistered modalities in the same rooms as a registered therapy. It should also not be included in the advertisement as it can be considered false advertising and in contravention of the Scope of Practice of a TMT. The permission to practice as reflected in the registration number allocated by the AHPCSA only applies to TMT and cannot be used to validate or give status to therapies that are not registered. It follows from this that a registered therapist is also not allowed to share consulting rooms with unregistered therapists (Section 54(5) p77).
6. According to Section 52 (1) p75 of the Regulations, a therapist's AHPCSA registration number has to appear on all advertisements and all stationary.
7. Registration numbers are not the same as practice numbers. The AHPCSA number (Axxxx) is a registration number that allows the therapist to practice his/her profession. The number is only valid on paying the annual registration fee to the AHPCSA. On the other hand practice numbers are issued by Board of Healthcare Funders (BHF) and indicates that the therapist (or therapy) has been accommodated in the medical aid system. At the time of going to press practice numbers had NOT been issued to TMT therapists as yet.
8. As no qualification beyond the two-year Diploma in ARM (TMT), which is currently being developed for posting on the National Qualifications Framework, therapists cannot claim to specialise in a particular area. The emphasis in the presentation of the diploma might differ from one training institution to another but it remains a broad introduction into Therapeutic Massage. As the Standards Generating Board for Integrated Health in the years to come, develops the training standards beyond the basic diploma to higher diploma and all the way to doctorate, therapists will be able to enrol for these courses and specialise in particular fields e.g. sports massage, orthopaedic massage etc. This structure reflects the medical model where the first degree (MSc.HB) is a general introduction to medicine. Thereafter the doctor can continue her studies and specialise in e.g. neurology or cardiology. As it stands a TMT therapist is allowed to state her field of interest. This matter might come across as nothing but a game of words but as a registered health profession, TMT is now regulated by the national healthcare system and training of future therapists by the Department of Education, South African Qualifications Authority and the Council for Higher Education.
9. Section 54 (1) p76-77 determines that therapist may not make use of perverse incentives to encourage business, may not canvass or tout, either personally or through an agent or in any other manner, for a patient, for himself or for another practitioner.
10. TMT therapists are not allowed to practice from retail premises e.g. pharmacies, health shops.

In the light of the above discussion, let us all use the relevant laws and regulations as a mirror to review the messages we use to convince patients to make use of our services. Let's make sure that our advertising is honest, ethical and legal. All registered therapist should have a copy of the AHPCSA Act 63 of 1982 and it's regulations in order to be fully informed. Copies of the Act can be obtained from: Aquilia (R150-00) in file format on (012) 661-4827 or e-mail aquilia@worldonline.co.za , on the Allied Health Professions Council Website www.ahpcsa.co.za at no charge or directly from the Allied Health Professions Council in CD format at the cost of R60-00.