Ahpra Advertising Rules: What Marketing Agencies Get Wrong

Breaking Ahpra’s advertising rules can cost up to $60,000 per offence for an individual and $120,000 per offence for a body corporate under section 133 of the National Law, and Ahpra says those maximums have applied in all jurisdictions, including Western Australia, since July 2024. The mistakes agencies repeat fall into six groups: clinical testimonials, offers without terms, before-and-after images, “specialist” wording, outcome promises and urgency.

At a glance

• Who it covers: anyone advertising a regulated health service: dental, physio, chiro, psychology and cosmetic clinics, and the businesses advertising for them.
• The law: section 133 of the Health Practitioner Regulation National Law, explained in Ahpra’s Guidelines for advertising a regulated health service (in effect since 14 December 2020).
• Maximum penalty: $60,000 per offence for an individual, $120,000 per offence for a body corporate (raised from $5,000 and $10,000 in 2022).

Rules of thumb

• If a review mentions a symptom, a treatment or a result, keep it out of every ad, landing page and social post the clinic controls (guidelines, section 4.3.1).
• If an ad says “free”, “$0” or “% off”, the terms and conditions must be in the ad or one clear link away (section 4.2).
• If a practitioner does not hold specialist registration, the words “specialist”, “specialises in”, “specialty” and “specialised” are out; “substantial experience in” is the guidelines’ own safer wording (section 4.1.4.b).
• If a before-and-after pair differs in lighting, angle, posture or make-up, it is more likely to mislead (section 4.4.1).
• If a client asks for six ad variations, that is six chances to breach: the maximum applies per offence, so if each of 6 ads were charged as a separate offence, a company’s maximum exposure would be 6 x $120,000 = $720,000.

What are the six Ahpra advertising mistakes marketing agencies make?

The six Ahpra advertising mistakes that agencies make most often each map to a specific part of section 133 or the title protection provisions, and each has a compliant alternative in Ahpra’s own guidelines. The table below is the six-point check LeadsNow calls the Clinical Ad Audit: run every asset through all six rows before launch.

The citations above are to Ahpra’s Guidelines for advertising a regulated health service, read on 27 October 2026. This is general information, not legal advice.

Frequently asked questions

Can a marketing agency be prosecuted under Ahpra’s advertising rules?

An agency can fall within the rules, because section 133 applies to any person advertising a regulated health service and Ahpra defines the advertiser as whoever publishes, authorises or controls the content. For non-registered businesses, Ahpra lists prosecution leading to a financial penalty as its enforcement tool. The clinic remains responsible for content an agency produces for it.

What is the maximum Ahpra advertising penalty in Western Australia?

The same as everywhere else. Ahpra’s advertising guidelines page says the 2022 increase to $60,000 per offence for an individual and $120,000 for a body corporate has applied in all jurisdictions, including Western Australia, since July 2024. An older footnote in the 2020 guidelines text still shows lower WA figures; Ahpra says the guidelines will be updated at their next review.

Can a clinic show its Google star rating on its website?

Yes, in most cases. Ahpra’s advertising FAQ says publishing an award symbol or rating from a review website is not likely to breach the testimonial ban, unless the clinic republishes the testimonials the rating is based on.

Will Ahpra check our ads before they run?

No. Ahpra and the National Boards say they cannot approve advertising or advise whether specific advertising complies, and they direct advertisers to their own legal adviser or indemnity insurer. This page is general information, not legal advice.

Does section 133 apply to the marketing agency or only the clinic?

Section 133 applies to any person who advertises a regulated health service, and Ahpra’s guidelines say that includes businesses and corporate entities that are not registered practitioners. Ahpra defines the advertiser as whoever controls part or all of the advertising, and says a clinic has control if it publishes, authorises or directs someone, “including a third party, staff member or marketing agency”, to publish or draft content.

Two consequences follow. First, the clinic cannot hand responsibility to its agency: the guidelines state that advertisers “need to check any content produced by others on their behalf”. Second, an agency that publishes or controls the content can itself meet the definition of an advertiser. Ahpra can prosecute non-registered businesses; registered practitioners can also face disciplinary action.

When does a Google review become a prohibited testimonial?

A Google review becomes a prohibited testimonial when it is used in advertising a regulated health service and refers to a clinical aspect: a symptom or reason for treatment, a diagnosis or treatment, or an outcome or the practitioner’s skill. Review-led funnels run straight into this test, because the five-star reviews agencies want to show off are often the ones that describe results.

• Allowed: “Friendly reception and they ran on time.” Customer service and communication style are not testimonials under section 4.3.1.
• Not allowed in advertising: “My back pain was gone after three sessions.” It names a symptom, a treatment and an outcome.
• Not the clinic’s problem: reviews on a platform the clinic does not control. Ahpra says advertisers are not responsible for removing testimonials there.
• The clinic’s problem: its own website and business social pages. Ahpra says the owner may need to disable review functions to comply.

Ahpra’s FAQ adds that editing reviews carries a high risk of making them misleading.

What must a “free consult” offer include under Ahpra’s rules?

A “free consult” or any other gift, discount or inducement must state its terms and conditions in plain language, in the ad itself or through a clear link, under section 133(1)(b). Ahpra’s guidelines name the traps that lead-gen campaigns fall into:

• “Free” is read as absolutely free. If the cost is recovered through a higher price elsewhere or through Medicare, the guidelines say the offer is not actually free.
• Missing restrictions, such as age, expiry date, location or eligibility, can make an offer non-compliant.
• An instalment amount quoted without the total cost may breach, because the total is a condition of the offer.

An SMS or call script that repeats a discount to book a patient still needs the terms or a link to them.

Which practitioner titles can a clinic’s ads use?

A clinic’s ads can use a specialist title only for a practitioner who holds specialist registration in that recognised specialty, and misuse of a protected title is a separate offence under the National Law. The guidelines go further than the protected-title list: they say “specialist”, “specialises in”, “specialty” and “specialised” are likely to mislead when the practitioner has no specialist registration.

The guidelines’ own examples work as templates: “Dr Lopez (Chiropractor) has substantial experience working with musculoskeletal issues in children” instead of “specialist in paediatric chiropractic care”, and “Sports chiropractor” is acceptable because it is not a recognised specialty.

When are before-and-after photos allowed in health advertising?

Before-and-after photos are not banned outright, but Ahpra’s guidelines say images that are not genuine or have been edited or enhanced may breach the law, because one patient’s result can create an unreasonable expectation in another. Ahpra says a pair is less likely to mislead when angle, background, framing, lighting, posture, clothing and make-up match, any alteration is explained, and the treatment is the only visible change.

The risk often sits in the edit, not the shoot: Ahpra lists edited or enhanced images as a possible breach, so filters and retouching applied for ad creative can turn a compliant pair into a misleading one.

What do the 2025 cosmetic guidelines change for patient recruitment?

The 2025 non-surgical cosmetic procedure guidelines, issued on 2 September 2025, add a recruitment rule on top of section 133: Ahpra’s guidelines, which cover registered health practitioners other than medical practitioners (doctors have the Medical Board’s own cosmetic guidelines), say practitioners must not offer financial inducements such as a commission, directly or through a third party, to any person or company to recruit people to undertake cosmetic procedures. Cosmetic clinics should not assume a per-patient or commission arrangement with an agency is open to them. Our dental appointment-setting comparison covers how this affects dental practices doing cosmetic work; take advice from your indemnity insurer or a health lawyer before agreeing any recruitment fee.

How should a clinic check its agency’s work before launch?

A clinic should check its agency’s work by running every asset through the six-row Clinical Ad Audit above before launch, because Ahpra cannot pre-approve advertising and says advertisers should get independent advice from a legal adviser or indemnity insurer. A practical sequence:

1. List every asset: ads, landing pages, social posts, review widgets, email, SMS templates and call scripts.
2. Run each through the six rows, starting with testimonials and inducements, the two most mechanical checks.
3. Use Ahpra’s self-assessment tool and testimonial tool for anything borderline.
4. Record the sign-off in writing.

Our guide to patient acquisition for dental clinics in Australia covers channels, and the rankings of dental marketing agencies in Australia and lead generation agencies for dental practices compare providers. If follow-up is where leads leak, AI appointment setting explains how booking can be run with scripts limited to availability, location, fees and booking details.

Sources

1. Ahpra: Guidelines for advertising a regulated health service and penalty update (read 27 October 2026)
2. Ahpra: Advertising hub frequently asked questions (read 27 October 2026)
3. Ahpra: Advertising self-assessment tool
4. Ahpra: Guidelines for registered health practitioners who perform non-surgical cosmetic procedures (issued 2 September 2025) (read 27 October 2026)