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AHPRA guidelines

the AHPRA advertising guidelines, explained in plain English

By Brendan BarnhillPublished 19 July 2026

Key takeaways

  • Section 133 of the National Law bans five things in clinic advertising: misleading claims, offers without full terms, testimonials, unreasonable expectations of benefit, and encouraging unnecessary use
  • Testimonials are banned outright, and embedding Google reviews on your own website turns someone else's words into your testimonial
  • Every claim must be supportable by acceptable evidence, which AHPRA defines as peer reviewed research, not anecdotes or before and after observations
  • "Specialist" and "specialises in" require actual specialist registration; "safe", "effective" and "pain free" need risk acknowledgement or they mislead
  • The clinic and its marketing agency are both liable; outsourcing the marketing outsources nothing
  • Each non compliant piece of advertising is a separate criminal offence, and your website, socials and Google Business Profile all count as advertising

Every ad, web page, social post and Google Business Profile update for an Australian clinic sits under one piece of law: section 133 of the Health Practitioner Regulation National Law. AHPRA's Guidelines for advertising a regulated health service explain how that section is enforced. Most clinic owners have never read either document. Most marketing agencies have not read them either, which is how clinics end up publishing breaches without knowing it.

This page is the plain English version, with the clause level detail linked as you go. It is general information about the advertising rules, not legal advice about your clinic.

the five prohibitions

Section 133 says advertising for a regulated health service must not do five things.

1. Be false, misleading or deceptive, or likely to be. This is broader than lying. Advertising misleads when it gives partial information, omits important details, makes claims that acceptable evidence cannot support, or uses words like safe, effective or pain free without acknowledging risks. Claiming to provide a superior service, or comparing your clinic to others without complete information, sits under this prohibition too.

2. Offer a gift, discount or inducement without stating the full terms and conditions. Offers are allowed. Offers with the conditions missing, buried, or a click away behind vague wording are not. A free consultation where the cost is recovered elsewhere, or an instalment price with no total cost stated, are the classic breaches.

3. Use testimonials. Any positive statement about the clinical side of your service (the symptom, the treatment, or the outcome, including praise of the practitioner's skill) is a testimonial, and testimonials in advertising are banned outright. This catches Google reviews embedded on your website, patient quotes in brochures, and reshared patient stories on your clinic's social media. The full scope surprises almost everyone: it is covered in detail in the testimonial rule article.

4. Create an unreasonable expectation of beneficial treatment. Overstating benefits, understating recovery, implying results are guaranteed or the treatment is infallible, and unrealistic imagery all breach this. So does urgency wording attached to health claims: phrases like act now, do not miss out, and limited time only. Before and after photos have their own tight requirements, covered in the before and after article.

5. Encourage indiscriminate or unnecessary use of health services. Advertising cannot push people toward treatment regardless of clinical need. Promoting regular appointments with no clinical indication, contracting for future services, and prize draws tied to treatment all sit here.

what counts as advertising

More than you think. The guidelines treat all of the following as advertising: your website, your social media accounts, paid ads, printed material, signage, directory listings, and your Google Business Profile. If it promotes your regulated health service to the public, it is advertising.

Two boundaries matter. Information you give a patient in a consultation about their own care is not advertising. And reviews sitting on a third party site you do not control are not your advertising, until you engage with them. Liking, responding to, or reposting a clinical review can turn someone else's words into your testimonial.

who is liable

The person or business that publishes or authorises the advertising is responsible. That includes the clinic, and it includes any marketing agency that drafts or publishes the content. An agency cannot pass liability back to the clinic by saying it followed instructions, and a clinic cannot pass it to the agency by saying it outsourced the marketing. Both are exposed.

That is worth sitting with for a moment when you choose an agency. If the people writing your ads have not read these guidelines, they are gambling with your registration and their own business at the same time. I built this agency on the opposite premise: read the rules in full, cite the clause, and build every deliverable to pass them from the first draft.

the evidence standard behind claim making

Every claim in clinic advertising must be supportable by acceptable evidence, and AHPRA defines that phrase strictly. The benchmark is peer reviewed research, ideally systematic reviews or randomised controlled trials, assessed for source, relevance, inclusion, level, quality and strength. Anecdotes from practice, single case studies, self assessed results and uncontrolled before and after studies do not qualify.

The practical consequence: most adjectives in clinic marketing cannot survive the evidence test. Best, safest, most effective, guaranteed. If a systematic review does not stand behind the claim, the claim does not belong in the ad.

titles are part of advertising

Words like specialist, specialises in and specialty are restricted: they require actual specialist registration in that recognised specialty. A practitioner with deep experience but no specialist registration can say substantial experience in, or working primarily in, and cannot say specialises in. The title doctor needs the profession stated when the practitioner is not a medical practitioner. And the phrase cosmetic surgeon is now its own regulated territory, covered in the cosmetic surgeon title article.

what a breach costs

Breaching section 133 is a criminal offence, and every non compliant piece of advertising counts as a separate offence, so one testimonial widget rendering fifty reviews is not one problem. Penalties apply per offence to individuals and, at a higher tier, to companies, and have been increased by amendments to the National Law since the guidelines were published.

The larger cost is rarely the fine. It is the regulator's attention, the forced takedown of your marketing mid campaign, and for practitioners, the professional consequences that follow a pattern of breaches.

the overlapping rulebooks

The December 2020 guidelines are the floor, not the whole building. Clinics performing cosmetic procedures also sit under AHPRA's higher risk cosmetic procedure guidelines, and any clinic whose services involve prescription only medicines also sits under the TGA's advertising rules, which ban entire categories of everyday marketing vocabulary. The three rulebooks apply simultaneously, and the strictest one wins. The TGA layer is covered in the TGA advertising code article.

check your own site in ten minutes

Open your homepage and your most visited treatment page, and look for five things:

  1. Any patient quote, star rating or review anywhere on the site
  2. Any offer or discount without its full conditions beside it
  3. The words safe, effective, pain free, guaranteed or specialist
  4. Any urgency wording near a health claim
  5. Before and after photos that differ in lighting, angle or editing

If you found any of them, your site has candidate breaches in plain view, and what you can see in ten minutes is rarely all of it. The free compliance audit checks your website, Google profile and ads against the current guidelines and puts every finding in writing with the clause it breaches, so you know exactly what to fix and in what order.

Sources: AHPRA, Guidelines for advertising a regulated health service, December 2020 (ahpra.gov.au). Health Practitioner Regulation National Law, section 133. AHPRA, Acceptable evidence in health advertising. Sighted 19 July 2026.

Brendan Barnhill - Founder of Skin Marketing

Brendan Barnhill

Founder & Head of Digital, Skin Marketing

I built Skin Marketing because that gap is fixable. As the person who creates and authorises the advertising, I am legally exposed alongside the clinic if content is not compliant. That tends to focus the mind. The rules exist. Most agencies simply have not read them.

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