Q&A - Online interactions - What should you do?

If it involves aspects of your healthcare it may be a breach of AHPRAs guidelines on advertising, and therefore you may be subject to AHPRA investigation and potentially punitive action.

AHPRA’s website provides further information about advertising guidelines:

https://www.ahpra.gov.au/Publications/Advertising-resources/Legislation-guidelines/Advertising-guidelines.aspx

A general response should be considered, thanking the individual for the feedback and inviting them to contact the practice again so that you can address the issues further.

You may also send a private message to the patient noting that you have not seen them but offering to address any concerns that they may have had with reception staff.

It is best to consider each circumstance before finalising on a strategy rather than reply with a standard approach with a legal flavour. Some matters may be easily rectified, others may be more complex and problematic, and the legal approach can be costly and may escalate concerns.

You and your practice should have a policy about this and advise patients accordingly. It can be problematic if medical details are provided to you or advice is provided by you. In such cases it must always be appropriately documented in the patients record.

No , you are not responsible for the content left by others on websites over which you have no control (i.e. such as Google where you cannot turn off comments). As a business owner, you have the ability to respond to Google reviews and actually engage with your customers. You can respond to Google reviews through your Google My Business account.

Communication by email is an accepted mode of communication however, you best ensure that the GP is appropriately equipped to manage these and is aware of your approach, so that the patient maintains a continuity of care. Sending the email with a read receipt or asking the recipient to confirm that they have received the email will assist to ensure that the letters are received and noted.

Your action may depend on whether you know the identity of the individual or not. You do have rights to challenge the comments and can ask Google to have them removed based on certain categories of offensive comments. Defamation is a last resort, it is complex and expensive and if it attracts media, it may ultimately cause greater publication than initially.

You can contact MIPS Professional Services for advice and assistance. In the circumstances you mention, the advice is likely to be of a general nature based on known regulatory codes and guidelines however MIPS cannot judge what ultimately AHPRA considers is compliant or not.

AHPRA’s website provides further information about advertising guidelines:

https://www.ahpra.gov.au/Publications/Advertising-resources/Legislation-guidelines/Advertising-guidelines.aspx

In such circumstances that would not be a privacy breach by the practitioner. Our advice was more about the practitioner identifying a patient during their online interactions without their consent, which would be a privacy breach. Even when a patient has declared their name and shared their details, practitioners still need to be very mindful of inadvertently sharing any additional information about the patient above that was the patient has already disclosed themselves.

Medical practitioners are responsible to address any misunderstandings about their qualifications and scope of practice. If a patient incorrectly describes your qualifications in any forum (whether online or not), you should address this error as soon as possible. This can be done in a public reply to the Google review by thanking the patient for the feedback, clarifying that you are not an orthodontist and confirming your qualifications and experience. It is also recommended to privately contact the patient and invite them to contact you if they have any questions about your qualifications and experience.

Best practice would to not ask the patient for a review. There is danger in this as if it relates to any element of your healthcare provided, you would be I breach of the AHPRA requirements. You may wish to suggest to patients that they like or follow your business page (if available) to keep up to date with health related developments.

It would be almost impossible to do this without the co operation and agreement of Google who would be required to breach privacy of information identifying individuals.