If your business provides non-surgical cosmetic procedures, it is critical to understand your obligations under the Guidelines for Advertising Higher Risk Non-Surgical Procedures (“Guidelines”), published by the Australian Health Practitioner Regulation Agency (“AHPRA”) on 2 September 2025. The Guidelines came into effect on 2 September 2025 and provide practitioners with a “best practice” guide for advertising higher risk non-surgical procedures in accordance with the Health Practitioner Regulation National Law (“National Law”).
Why are the Guidelines Important?
In December 2020, AHPRA published the Guidelines for Advertising a Regulated Health Service, which relate to general health services. However, these guidelines were not sufficiently tailored to address the unique advertising and marketing practices influencing the increasing demand for higher-risk non-surgical procedures, which are, importantly, discretionary in nature. Unlike most regulated health services, where demand is driven by genuine healthcare needs, demand for cosmetic procedures is largely driven by advertising and marketing strategies.
Having regard to the above, the underlying purpose of the Guidelines is to protect consumers and vulnerable groups by:
- Promoting ethical and transparent marketing practices in the cosmetic industry; and
- Highlighting advertising practices that may contravene the National Law.
Which Types of Procedures do the Guidelines Apply to?
The Guidelines apply to higher risk non-surgical procedures, which aim to alter the appearance of a person’s physical features through the use of prescription-only medications, the injection of synthetic materials into the skin or the application of chemicals and the application of lights or lasers to penetrate further beneath the skin. Typically, these procedures can only be performed by registered health practitioners from a specialist profession.
Examples of such procedures include:
- Dental veneers;
- Cosmetic injectables (such as dermal fillers);
- Injection lipolysis;
- Thread lifts;
- Sclerotherapy and microsclerotherapy;
- Platelet rich plasma (PRP) procedures;
- Biotherapy (including injections derived from the patient’s blood); and
- Hair transplants.
What is Considered to be Advertising?
Under the Guidelines, “advertising” is defined as all forms of verbal, printed or electronic communication used by a regulated health service provider to promote health services to the public. Common examples include:
- Online and electronic sources (such as websites and social media platforms);
- Print materials (such as newspapers and information flyers);
- Television; and
- Radio.
What is “Best Practice” for Advertising Under the Guidelines?
Under the Guidelines, registered health practitioners must ensure that they provide consumers with accurate and balanced information when advertising higher risk non-surgical procedures.
To help practitioners interpret and understand their obligations under the Guidelines, AHPRA has released a supplementary set of guidelines, which provides a practical list of “do’s” and “don’ts” of advertising. Some examples of these are outlined below.
When advertising, practitioners must:
- Be clear about their qualifications and level of experience or expertise;
- Be transparent about the potential risks of treatments;
- Give realistic information about recovery times;
- Be mindful of body image issues and that certain procedures might appeal to people in vulnerable positions; and
- Set realistic expectations on the potential results of treatments.
Practitioners must not:
- Claim to be a specialist without holding the requisite qualifications or registration;
- Create unrealistic expectations or idealise the potential results of treatments by using terms which could be misleading such as “gentle,” “quick,” “safe,” “painless” or “perfect”;
- Request or use testimonials from patients (for example, by sharing “success” stories from social media influencer patients);
- Target people under the age of 18 or people who may have insecurities; and
- Imply that natural physical variations (such as aging) are abnormal or undesirable.
Why Compliance Matters
Cosmetic clinics in Melbourne and across Australia now need to comply with AHPRA’s advertising guidelines for non-surgical procedures. Non-compliance with the Guidelines may result in disciplinary action or, in serious cases, prosecution by AHPRA and the National Boards. AHPRA strongly encourages practitioners and patients to report non-compliance with the Guidelines.
Importantly, following the Guidelines will protect your business and establish public confidence in the cosmetic industry.
Need Help with Compliance?
If you have any questions about the Guidelines and how they might affect your business, please let us know.
Our Melbourne Commercial Division works closely with medical practitioners and health service providers and can provide tailored advice and support to ensure that your marketing practices are both effective and compliant.
If you would like assistance with a compliance review of your business’ website or other advertising material, please contact Ryan Scott or one of our other commercial lawyers in our Commercial Division.
Email: rscott@burkelawyers.com.au or supportteam@burkelawyers.com.au
Phone: +61 3 9822 8588.
