OXYMED WEBSITE CAVEAT
OXYMED (HTA Monoplace Chambers) are registered under Occupational Health and Safety Act 1985, OHS (Plant) Regulations 1995, Equipment (Public Safety) Act 1994, Equipment (Public Safety) (General) Regulations 1995, Certified Hazard C (Registered) and the Victorian WorkCover Authority Confirmation Number: V9920058.
The OXYMED website is an educational resource to medical and allied health care professionals (TGA Code (No.2) 2018 30 July 2019). The majority of patients attending are medical referrals and clients exercising their rights and entitlements under self-treatment and self-management.
S28 Restricted representations
(1) For the purposes of section 42DD of the Act, a form of a disease, condition, ailment or defect is a serious form if: (a) it is medically accepted that the form requires diagnosis or treatment or supervision by a suitably qualified health professional; except where the form has been medically diagnosed and medically accepted as being suitable for self-treatment and management.
S15 Scientific or clinical representations
Where an advertisement makes a scientific or clinical representation:
(a) any scientific or clinical terminology must be appropriate, clearly communicated and able to be readily understood by the audience to whom it is directed; and
(b) any scientific or clinical representation must be consistent with the body of scientific or clinical evidence applicable to the advertised therapeutic goods.
(3) Where an advertisement contains a citation to scientific or clinical literature, either explicitly or impliedly:
(a) any research results must identify the researcher and financial sponsor of the research, where the advertiser knows, or ought reasonably to have known, that information; and
(b) the study must be sufficiently identified to enable consumers to access it.
S23 Complementary medicines
If an advertisement for a complementary medicine includes a claim or group of claims based on evidence of a history of traditional use, the reliance on this traditional use and paradigm must be disclosed in the advertisement and the disclosure must be prominently displayed or communicated in the advertisement.
S29 Restricted representations—public interest criteria
For the purposes of paragraph 42DF(4)(c) of the Act, the public interest criteria are as follows:
(a) whether the reference would be likely to take advantage of the vulnerability of consumers, or particular groups of consumers, when faced with the disease, condition, ailment or defect;
(b) whether the reference would be likely to result in consumers not seeking timely professional medical advice where required (such as where that advice is important to prevent negative health consequences, morbidity or mortality, or deterioration or progression of the disease, condition, ailment or defect);
(c) whether the reference would be likely (alone, through repetition or together with other references) to have a negative impact on public health (or to have an effect on persons other than those to whom the advertisement is directed);
(d) such other aspects of the public interest as may appear to be appropriate to the Secretary.
S30 Prohibited representations
For the purposes of paragraph 6B(1)(b) of the Regulations, the following representations are prohibited representations:
(a) any representation regarding abortifacient action;
(b) any representation regarding the treatment, cure, prevention, diagnosis (including screening), monitoring or susceptibility of, or pre-disposition to, the following diseases: (i) neoplastic disease; (ii) sexually transmitted diseases; (iii) human immunodeficiency virus and acquired immune deficiency syndrome (HIV AIDS); (iv) hepatitis C virus (HCV); (v) mental illness.
OXYMED does not provide the “primary” treatment of the patient’s condition or offer “cure, prevention, diagnosis (including screening), monitoring or susceptibility of, or pre-disposition” (S30). Patients are referred from medical and other health care professionals (or self-referred) for “supporting care to assist (ameliorate) their condition and well-being care”.
Hyperbaric Oxygen Therapy is provided to ameliorate and assist the daily quality living of the individual.
Ameliorate – “the act or process of making something better; improvement”.