Regulation, Data Protection and CNHC
IMPORTANT INFORMATION for all Bowen Practitioners
The Bowen Association UK wish to remind you that it is vitally important that you check your personal website for any information which may give the public cause to be mislead.
The Advertising Standards Agency very clearly recommend that Bowen therapists, when marketing, are required to hold documentary evidence for their claims before submitting an advert for publication. Robust documentary evidence is required to back any claims that the Bowen technique can treat the listed condition shown in any advertising. It is not enough to have references. It is your responsibility, as the practitioner to make sure that you check your advertising and make any changes necessary and the Bowen Association take no responsibility for any material you include on our website.
“Since 1st March the Code has also applied to marketing communications online, including advertisers’ own marketing communications on their own websites and marketing communications in other non-paid-for space under their control, such as social networking sites like Facebook and Twitter.” You can read or download the full Code on the ASA |CAP website www.asa.org.uk. We suggest that you read the link from the Committee of Advertising Practice (CAP). Read the specific advice given regarding the Bowen Technique.
Therapies: Bowen techniqueAPPLICABLE AFTER 1 SEPTEMBER 2010 Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority. This section should be read in conjunction with the entry on ‘Therapies, General, Massage. This technique uses pressure to mobilise soft tissue and does not seem to be covered by a trade or regulatory body. CAP has seen no evidence that this technique can have any effect except that usually attributed to massage. Marketers may make claims about relieving stress or helping relaxation.
Data Protection Act 2018
The DPA 2018 sets out the framework for data protection law in the UK. It updates and replaces the Data Protection Act 1998, and came into effect on 25 May 2018.
It sits alongside the GDPR, and tailors how the GDPR applies in the UK – for example by providing exemptions.
General Data Protection Regulation
The GDPR sets out the key principles, rights and obligations for most processing of personal data and came into effect on 25 May 2018.
The Information Commissioner’s Office provide a Guide to Data Protection and a Guide to the GDPR. We encourage you to reference this material in relation to how you handle your clients’ personal data to ensure you are always accessing official interpretation and guidance.
The Bowen Association (BAUK) is authorised by the CNHC to validate applications for CNHC registration.
Full Members of the Bowen Association wishing to register with the CNHC need to print off and complete the Request to Register form and also provide the following:
- a copy of your Bowen Certificate of Proficiency.
- if you qualified more than a year ago, evidence of at least 2 days of approved CPD Bowen training.
- a copy of your Anatomy & Physiology Certificate.
- a copy of your Professional Indemnity Insurance, with a minimum cover of £2million.
(Although the BAUK office already has evidence of the above documents it will speed your application if you provide copies of each of these with your application to register.)
Please scan the 5 documents and send softcopy to firstname.lastname@example.org
Once your application has been validated you will receive an email from CNHC confirming your validity and inviting you to register via the CNHC website. The online annual registration fee is £70. The fee for additional disciplines is £10 each, up to 4, thereafter it is free.
IMPORTANT PRACTICE INFORMATION – from BAUK.
Committee members represented the Bowen Association Uk at a recent meeting of the CNHC and Professional Associations. Since that meeting the following information has been received and I do urge all our practitioners, CNHC registered or not, to please ensure that the following guidance is observed.
Cancer Act 1939 – Important Notice
As readers will know, all practitioners (not just those registered with CNHC) need to be aware of the Advertising Codes and make sure any wording used is in line with them. Where this does not happen, practitioners leave themselves open to complaints made both to CNHC, where a practitioner is registered with us, or to the Advertising Standards Authority, or both. CNHC has done a great deal of work in this area to produce wording which practitioners can use to avoid successful complaints being made (Complementary Therapy Descriptors).
However, another area that all practitioners need to be aware of is the Cancer Act 1939. Under Section 4 of this Act it is a criminal offence to advertise services which claim to ‘treat any person for cancer’. Use of wording that breaches this legislation can lead to enforcement action by Trading Standards, which could result in a fine or up to three months in prison. It would also lead to the advertiser having a criminal record.
Of course many practitioners do work with clients or patients who are receiving treatment for cancer. Therapies such as aromatherapy, massage, reflexology, healing and Reiki are widely used in this type of work – particularly in hospitals and hospices – and are well-supported. The Act is not saying that it is not possible to work with these patients, but that it is illegal to use advertising which implies that treatment is being given for the cancer itself, as this responsibility of course lies with the patient’s relevant medical team.
CNHC is seeking legal advice on wording that can be used in these circumstances and will circulate this as soon as it is available.
The CNHC have provided the following link which gives information about TESTIMONIALS. The Bowen Association do urge you to be aware of the guidance notes CAP have provided by using the link below..
CAP: Complementary Therapies – Tips and Guidance
The Committee of Advertising Practice (CAP) Copy Advice Team has prepared some guidance specifically for complementary therapists. This highlights some of the common pitfalls of complementary therapy advertising and is available on the CAP website: CAP Complementary Therapies – Tips and Guidance.