Ahpra Advertising Compliance

An Introduction to Ahpra Regulations

Ahpra is one of the primary governing bodies when it comes to medical aesthetic advertising and marketing regulation in Australia. In the past year, they have revamped their policies, becoming more strict and precise about what is and is not allowed from medical aesthetic practices. 

Those regulations have been tentative for some time, but on July 1, 2023, the final version of those regulations went into effect, meaning every single medical aesthetic practice in Australia is required to be compliant.

The problem? Ahpra could be better at making things clear and brief. Are they thorough? Yes. Concise? Not so much. 

This guide was created to help alleviate some panic, stress, and word count. It is broken into major sections you can review as needed and includes a down-and-dirty quick-start guide to get you going in a pinch with some simple "do and don'ts." You can read the individual sections for more detailed insight if you want more context.

This is not an exhaustive list of every Ahpra guideline that will apply to your practice. It is meant to fill in your knowledge of the new regulations regarding advertising and marketing that just went into effect to ensure you are avoiding any compliance issues.

Note on Surgical/Nonsurgical Regulation

Unfortunately, Ahpra has presented conflicting information regarding whether these new regulations apply to both surgical and nonsurgical treatments. 

On Ahpra's main regulation page, they state the following:

These guidelines apply to medical practitioners registered under the National Law who advertise cosmetic surgery.

As well as:

These guidelines (Guidelines for registered medical practitioners who advertise cosmetic surgery) are focused solely on cosmetic surgery, as this was the focus of consultation and recommendations arising from the Independent review of the regulation of medical practitioners who perform cosmetic surgery. 

But they go on to state:‍

Practitioners advertising non-surgical cosmetic procedures should be aware that this requirement applies to advertising of these procedures, until such time as more detailed consideration and consultation occurs in relation to advertising these procedures."

And on a different page, they state the following:

The reforms apply to doctors practising in two areas: cosmetic surgery (involves cutting beneath the skin - including breast augmentation, facelifts and liposuction), and non-surgical cosmetic procedures (which may pierce the skin but doesn’t cut beneath it, such as injectables, thread lifts and laser treatments).

So, to some degree, these regulations seem to apply to both surgical and nonsurgical treatments -- although to what extent is unclear. We recommend that practitioners advertising nonsurgical treatments follow the same guidelines that they would for surgical treatments. There are two primary reasons for this: 

Firstly, it prevents any immediate compliance issue from a lack of clarity in the regulation. Better safe than sorry.

Secondly, nonsurgical treatments will likely get a specific update to their policies that closely align with the new surgical regulations. Preparing your marketing collateral now means avoiding a massive future audit where you must retroactively remove noncompliant marketing material. To put it plainly, you are future-proofing your assets by applying the regulation to them now.

Note on Guide Imagery

Please note that examples used in this guide are pulled directly from samples provided by Ahpra whenever possible to give you the best idea of what the organisation is looking for in terms of compliance. Other examples are fictional representations of noncompliant content generated by Incredible.

1. General Rules on Responsible Advertising

1. Recognising Noncandidate Populations

Ahpra has made it clear that certain people who are not candidates for treatment should not be advertised to or entertained with the possibility of treatment. They specifically mention people with body dysmorphic disorder (BDD), but this umbrella regulation can apply to anyone with other conditions that prevent safe treatment.

2. Recognising Conflict Between Care and Profit

Practitioners must constantly consider the conflict of interest between generating a profit and providing care for a patient. Ahpra insists that the priority is always the safety and well-being of the patient. They also require that potential negative physical, psychological, and financial impacts are always top of mind.

3. Recognising Comprehensive Cost Estimates

Ahpra is placing new emphasis on ensuring that the entire cost of surgery or treatment is advertised, not just cherry-picked numbers to entice people to come in for consultations and potentially be misled. This means including anaesthesia, aftercare, and other similar "hidden" costs.

Why Were These Changes Enacted?

Ahpra is putting a new focus on ensuring that medical practitioners are forthcoming and considerate regarding the ethics of their advertising and marketing practices. These general guidelines create a baseline of conduct for them to hold practitioners accountable.

How Will This Impact My Practice?

As long as you have not been intentionally misleading or marketing maliciously, these practices should not impact your practice or operations, as they are mainly safeguards against bad actors in the industry. The key here is to be as concerned with patient care as financial success — not an arduous task if you aren't a comic book villain.

2. Ensuring Accurate Qualification Claims

‍1. Reserving "Specialist" Terminology

2. Including Required Medical Registration Information

If you are advertising cosmetic surgery, your medical registration number and the registration details must be included in the advertisement or marketing material. So, if you are running an ad about your facelift treatment, your applicable credentials and numbers must also be included. It's not an elegant solution in terms of design, but it gets the job done.

3. Including Full Names of Professional Memberships

In an effort to create more transparency for the general public, Ahpra has mandated that any professional memberships being used in advertising must not be abbreviated. In other words, you must include the full name of the organisation you mention. So think twice before you join The Australian Center for Outstanding and Exceptional Cosmetic and Surgical and Nonsurgical Treatment for Aesthetic Medical Professionals. Slapping that on a Meta advertisement won't be easy.

4. Avoiding Disingenuous Training Claims

This one seems like a no-brainer, but here is the example Ahpra provided:  it is misleading to use surgical rotations completed during pre-vocational training to imply that a practitioner has undertaken accredited surgical training or has relevant surgical experience. So, in general here, be transparent and honest in how you present your experience — never try to imply you have more training or expertise than you do.

5. Avoiding Hyperbolic Terminology

Not only are phrases like "magic hands," "god hands," "sculptor king," "queen of breast lifts," or other hyperbolic phrases super cringey and lame, they are also explicitly banned by Ahpra. This also goes for language like "world-renowned," "world's best," or anything that implies dramatic claims. So if you were hoping to be the Godking or High Queen of Buttlifts, we might have to rethink your strategy and branding.

Why Were These Changes Enacted?

There is a lot of dramatic phrasing in the medical aesthetic industry that Ahpra believes could mislead customers and confuse them about the actual experience and expertise differences between practitioners. These regulations are in place to prevent adjective bloat in marketing and keep medical qualifications clear to the general public.

How Will This Impact My Practice?

Many of these regulations are carryovers or simple updates to previous rules. "Specialist" has been regulated for years, and Ahpra has always looked down upon the dramatic phrasings. It's best to double-check your professional memberships and mentions of qualifications to ensure you are aligned with these new policies. Still, in most cases, you won't need to worry about updating too much. 

3. Refraining from Financial Incentives

‍1. Avoiding Any Incentives, Gifts, Discounts, or Inducements

This one is short and sweet. You should never, under any circumstances, provide incentives, discounts, or other inducements for having treatment performed. This includes no time-gating sales like "20% off for the next 24 hours," no discounted airfare, no comped accommodations or spa treatments, no discounts for bundled procedures, and no giveaway entries or prizes for undergoing treatment.

Why Were These Changes Enacted?

It appears that Ahpra wants to ensure that the people turning to medical aesthetic treatment are not doing so because they were influenced or persuaded by anything other than their intrinsic desire for aesthetic changes. While common advertisement practice for other industries, Ahpra does not want this industry to take part in the same persuasive methodologies. 

How Will This Impact My Practice?

There have long been restrictions on these to some degree, so the change should be minimal to your practice. And even if you have run them in the past, those deals or offerings have likely expired. It is still safest to remove mention of them from your marketing avenues and immediately stop any current campaigns that use incentivisation as a strategy. 

4. Avoiding Testimonials and Patient Stories

1. No Direct Advertising of Testimonials

While testimonials are a highly impactful marketing asset, Ahpra’s stance is clear: you cannot use any form of testimonial in your advertising or marketing. That includes patient stories, both real and fictional. No quotes, long-form entries, or even social media shoutouts. 

2. No Indirect Advertising of Testimonials

This rule prevents practitioners from hiring someone else to post their testimonials. In other words, you cannot partner with anyone to have them post your testimonial marketing on their channels. 

3. No Interacting With Reviews or Posts

Ahpra cannot prevent patients from exercising their right to speech, so they can post and say as much as they want about their experience with you and your practice online. But you are not allowed to interact with that content in any way. You cannot like, comment, repost, save, or otherwise engage with the content in a way that would be visible to other potential patients.

Why Were These Changes Enacted?

Patient reviews are powerful, persuasive tools. Ahpra understands this and wants to protect against any marketing material that provides possible treatment outcomes without a comprehensive look at the risks and typical results. The idea is that, while one influencer might have had a great experience, their story does not give the public a holistic or fair account of potential risks. Ahpra refers to this as the “unreasonable expectation of beneficial treatment.”

How Will This Impact My Practice?

You need to immediately remove any testimonials, quotes, or patient stories that could fall under this scope and actively avoid them in the future. Social media collections, such as Instagram Highlights, need to be free of testimonial content. 

5. Navigating Influencer and Ambassador Marketing

1. You Are Responsible for Influencer Content

The golden rule regarding influencer marketing is that, while you can technically still partake, they are subject to the same Ahpra regulations. And ultimately, you are responsible for ensuring that the marketing collateral they produce complies with all requirements that apply to your practice. 

2. Testimonial Rule Still Applies

Remember: the testimonial rule still applies to influencers — so if you partner with one, they cannot speak to their experience or opinions about your practice. They can deliver the same type of advertising that you would to their audience.

Why Were These Changes Enacted?

Ahpra was very clear about why they are coming down so hard on influencer marketing; here is an excerpt from the regulation: The use of social media 'influencers', 'ambassadors', or similar increases the risk that patients are not fully informed and form unrealistic expectations of results. The content published by social media influencers or ambassadors is considered to pose a particular risk to younger people due to the nature of the audience for some social media platforms.

How Will This Impact My Practice?

If you use influencer marketing in your digital strategy, you must amend it to ensure the collateral and messaging align with current regulations. The influencer will also need to remove any enduring content from their profiles that is not compliant (posts, highlights, etc.) If you do not use it — congratulations, you are in the clear… until you decide to start.

6. Using Appropriate and Forthcoming Imagery

‍1. No Single Imagery

Let's keep these short and sweet: you cannot use a single image of a patient to demonstrate results. Every after image must be presented alongside a before image to help patients better understand the process.

2. No Underage Imagery

No one underage is allowed to be featured in any capacity, ever, under any circumstances. Easy peasy. We shouldn't have any questions on this one. 

3. Disclaimer Is Required

Your imagery needs to include a clear disclaimer that outcomes vary from patient to patient and do not reflect the exact experience a different person would have were they to undergo the same treatment.

4. Must Be Actual Patients

In other words, you are no longer allowed to use pictures of models in any of your marketing materials. This is one of the most drastic changes you must prepare for. Websites, social media profiles, emails — everything needs to be purged of anything you got from a stock site or even a professional shoot. You cannot use them in your marketing if you haven't treated them. 

5. Before Images Must Be Prioritised

Any images you use in your marketing collateral must feature the "before" or the "before and after composite" first and most prominently in whatever medium it is being presented. This means it is not enough to include a set of before and after images after a single image; you need to ensure that the before and after image is the primary focus. 

6. Must-Have Consistent Compositions

In order to avoid the likelihood of misleading imagery, before and after images must have similar compositions, including lighting, photo angle, clothing, background, posture, makeup, etc. This way, the patient can get a clear view of the changes that were made to the patient's appearance without distraction.

7. No Editing or Altering

This is another no-brainer, but you can't Photoshop or edit your images to depict more impressive results. Technically, you couldn't edit pictures to make them look worse, either. But that seems to be something Ahpra is generally not worried about.

8. Educational Imagery Only

If you present images of treatment or surgery, those should only be disseminated for educational purposes — never for entertainment. If there is no educational element to the photo or video, it is not compliant with Ahpra guidelines. This means social media videos or live streams must have an educational purpose if patient treatment is featured.

9. Complete Consent Prior to Image Capture

You need to receive full written permission from anyone you intend to capture prior to them being photographed or recorded. That permission needs to explicitly state that you also have permission to share those images. 

Why Were These Changes Enacted?

Ahpra considers it a substantial issue that potential patients could be presented with imagery that is not transparent about how much or how little change can be achieved through specific treatments. They also want to make sure it is made clear that everyone has different reactions to aesthetic treatments and that there are no guarantees.

How Will This Impact My Practice?

The revamp of image regulation is one of the most substantial changes made in this cycle of Ahpra updates. You will need to do a full audit of your marketing assets and include before and after imagery in anything and everything you want to use imagery for. This update will be extensive if you have been using social media and the web for any period, so plan accordingly.

7. Providing Thorough Recovery and Risk Context

1. Thorough Explanation of Risks

All aesthetic advertising and marketing is required to cover the potential risks of any cosmetic treatment. There is no rule about where it needs to go specifically, but Aphra does specify that the information must be easily found within the advertising itself wherever possible. In forms of advertising where you cannot provide the total risk disclaimer, it is acceptable to provide a link to a page that contains the risk information, as long as it is clearly navigable by the user.

2. Thorough Explanation of Recovery

Similar to the explanation of risks, all advertising and marketing must also include recovery information clearly and concisely. Patients must have a clear picture of the entire aftercare process, covering all topics like required lifestyle changes, compression garments, and typical timelines.

3. No Trivialising Cosmetic Surgery

You cannot do the following: use emojis in advertising, minimise the invasiveness of cosmetic surgery with words like "artistry, silhouette, or sculpting," mislead the patient regarding the complexity of the surgery or aftercare, use terms like "gentle, simple, safe, quick, or easy," use colloquial terms like "boob job," or create idealised features through phrases like "designer vagina, barbie, transformation, amazing, perfect" or other similar terms. You can also not solicit engagement on results in a competitive way, such as a game where your audience "guesses the size of the implant." 

Why Were These Changes Enacted?

Ahpra wants to ensure that the general public is presented with the pros and cons of treatment when they are met with advertising to avoid a too-good-to-be-true scenario. These constraints also help regulate bad actors in the industry who purposefully downplay risks, recovery, and other potentially harmful aspects of cosmetic treatment. 

How Will This Impact My Practice?

All your current and future marketing will need clear and apparent links to a place where risk and recovery information can be easily read and understood by the public. Web pages on the topic being discussed are an excellent avenue for this. The other option is to include that information directly in the platform you are marketing or advertising on. Ahpra prefers this, and it should be done whenever possible. But you will need to figure out the best way to get the full breadth of information to your audience on a case-by-case basis.

‍8. Avoiding Body Image Triggers and Insecurities

1. No Mention of Self-Esteem or Confidence

Never use self-esteem or confidence as a motivator for having cosmetic treatment performed or suggest that these things can be improved through cosmetic surgery or treatments. In fact, it is better to avoid using these and similar phrases altogether in your marketing and advertising collateral.

2. No Antagonisation of Body Image

Avoid using phrases that devalue someone's current body type, e.g., "mummy makeover, unsightly bulges, lose the bingo wings, flabby, problem area, hip dips, thigh gaps, flat buttocks", and similar phrases. Do not say that it is normal to have cosmetic treatment to fix these issues. Do not say that treatments can be used to achieve "ideal" body types or use phrases that imply that sentiment, such as "'healthier, happier you', 'restore', 'youthful', 'best version of yourself', 'body goals' and similar terms.

3. No Predictive Body Image Tech

To avoid false promises, no automated apps, websites, tools, or programs that project a "post-surgery" appearance are allowed in advertising or marketing. Ahpra has stated that they have the potential to create unreasonable expectations for a potential patient.

4. No Encouragement of Multiple Procedures

While combination procedures are a staple for many practices, Ahpra has disallowed their marketing and promotion to prevent patients from having "surgery they did not need or did not initially intend to undergo." 

Why Were These Changes Enacted?

Ahpra wants to remove any language that can target, exacerbate, or exploit the public's negative feelings regarding body image. They want medical practitioners to recognise that not all patients have healthy or realistic views of their bodies and that medical aesthetic marketing has the potential to become predatory based on those feelings. These regulations help stop intentional and unintentional contributions to unhealthy body image.

How Will This Impact My Practice?

If you are using technology to provide "after" images of a treatment — stop immediately. It is no longer Ahpra-compliant to do so. You will also need to do a full audit to ensure no mention of the above phrases and that your marketing material avoids editorial riffs on "youthful" and "best version of yourself" tropes. You'll need to get rid of combination procedure mentions as well. This will be thorough and time-consuming, so start as soon as possible to avoid Ahpra compliance issues.

9. Setting Realistic Outcome Expectations

‍1. No Mention of Terms Like "Bikini Body," "Desired Shape," etc. 

Practices are now generally required to avoid phrases like "bikini body" or "summer body" that could imply someone who has not undergone that treatment does not have an acceptable appearance. "Desired shape" or "preferred appearance" phrasing is also a no-go under the new regulation.

2. No Claims of Psychological or Social Benefit

You can no longer imply that cosmetic treatment can improve a patient's psychological or social condition. This links back to the "confidence" and "self-esteem" regulation. You also cannot claim that any aspect of a patient's social life will be improved through cosmetic treatment. Any claims included in your advertising or marketing must be supported by evidence that meets the standard for acceptable evidence in health advertising. 

Why Were These Changes Enacted?

It is essential to Ahpra that patients are given practical and realistic outcome estimates. These two benefits are not anatomical and, therefore, cannot be proven or promised. Additionally, they are often feelings that bad actors in the industry attempt to manipulate.

How Will This Impact My Practice?

These changes are likely subtle; an audit can be performed to ensure any current collateral does not include phrasing like "bikini body" or topics about improved social or psychological health. The changes may be minimal, but combing through your content library will likely take some time.

10. Avoiding Vulnerable Group Targeting

1. Be Wary of Advertising Effects on Minors

Ahpra wants practitioners to recognise that their advertising will often be seen by impressionable age groups that might develop poor body outlooks and self-worth issues because of their advertising or marketing campaigns. This is largely an ideological goal that does not come with tangible requirements.

2. Do Not Target Risk Groups

Risk groups include children and anyone under 18 and groups with body dysmorphia or other body image issues. This should not be a concern for most medical practices.

3. Consider the Frequency of Posts

There is no hard limitation placed here. Still, Ahpra is asking practitioners to be aware of how often they are posting and how the regularity of cosmetic treatment posts could impact someone who is impressionable or vulnerable to self-image concerns.

Why Were These Changes Enacted?

While full of very few tangibles, Ahpra is making it clear that they want medical professionals to think critically about their advertising and marketing and how it can impact the public they are presenting to. Minors are feeling the adverse effects of social media the most, and given the nature of our industry, cosmetic medicine has the potential to worsen those concerns.

How Will This Impact My Practice?

If you are soliciting your services to minors — stop immediately. It's unlikely you were, but just in case. Full stop now. Other than that, if you are intentional and strategic about your ad targeting, you likely won't need to make any adjustments. 

Conclusion

At the core of the new Ahpra regulations is the hopeful move toward more transparent and thorough advertising that eliminates some of the potential negative effects on the public at large. In general, we recommend keeping in mind that the most important thing is be comprehensive and clear in your new advertising copy and be active about providing the cons of a treatment with equal importance to the pros. 

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