For cosmetic procedures the safe answer is no, and elsewhere it is high risk. Before-and-after photos imply an outcome, so AHPRA treats them as a claim that creates a reasonable expectation of benefit. The Medical Board cosmetic guidelines are stricter again. A before-and-after is really a visual testimonial. You can show your clinic, your process, and what to expect at a consultation instead.
Key takeaways
- A before-and-after implies a result, so AHPRA treats it as a claim. For cosmetics, treat it as off-limits.
- It is effectively a visual testimonial, so the testimonial logic applies to pictures too.
- The breaches are editing, inconsistent lighting or angles, missing consent, and outcome captions.
- Show your clinic, your process, and what to expect at a consultation, not a transformation.
Can you use before-and-after photos under AHPRA?
It is high risk, and for cosmetic procedures the safest answer is no. Before-and-after images imply an outcome, and the AHPRA advertising guidelines treat that as a claim that creates a reasonable expectation of benefit. The Medical Board cosmetic guidelines go further and rule out transformation imagery for cosmetic procedures.
If you have not read the general rules yet, start with the pillar guide on what your clinic can and cannot say under AHPRA and the patient testimonials guide. You can also read the rules direct on the AHPRA advertising hub.
Why are before-and-after photos so risky?
Because they promise a result. A pair of images says, without words, "this is what will happen to you". That is the exact expectation of benefit the rules are built to prevent.
The cleanest way to understand it is this. A before-and-after is a visual testimonial. The same logic that bans a patient quote about an outcome applies to a picture of an outcome. For the wording side of that rule, see the guide on patient testimonials and AHPRA.
There is a practical reason the rule is strict. Photos are persuasive in a way words are not. A nervous patient scrolling your gallery does not read the fine print about individual variation. They see a result and assume it is theirs. The rules treat that impression as the claim, regardless of any disclaimer you place nearby.
What makes a before-and-after non-compliant?
Beyond the core problem that it implies a result, these are the issues that turn an image into a clear breach.
- Editing or enhancement. Filters, retouching, or lighting tricks that improve the "after".
- Inconsistent conditions. Different lighting, angle, makeup, or pose between the two shots, which exaggerates the change.
- Outcome captions. "Real results" or "amazing transformation" stacks a claim on top of the image.
- Missing or unclear consent. Using a patient's images without proper, specific consent.
- Implying a typical result. Presenting one person's outcome as what a new patient can expect.
Because so many conditions have to be met, most clinics are safer not using before-and-after images at all.
A worked example: reframing a before-and-after
It helps to see the fix on a real page. Take a skin clinic that wants to promote a treatment. Here is the risky version, and a compliant reframe.
The risky version. A gallery of two-photo pairs. Each pair shows a patient before and after. The caption reads "Real results from our clients". A banner says "See the transformation".
Three things make this a breach. The image pair implies a result, which is a claim. The word "results" stacks an outcome claim on top. And "transformation" promises change the clinic cannot guarantee for a new patient.
The compliant reframe. Replace the gallery with content that informs without promising. Show one clear photo of your treatment room and your team. Add a short paragraph that explains how the treatment works, step by step. List the typical recovery time and the main risks in plain words. Close with a line about what happens at a consultation.
The reframed page does more work than the gallery. A cautious patient learns what the visit feels like. They see your process. They get honest information about risk. None of it implies a guaranteed outcome, so none of it triggers the rule. You keep the trust and lose the breach.
The principle is simple. Describe the service. Do not picture the result.
What does valid patient consent require?
Consent is often misunderstood. A signed form does not make a before-and-after compliant. The image can still be a claim even with perfect consent. Consent is a separate, additional rule that sits on top of the advertising rule.
Where you do use any patient image, the consent has to be valid. Valid consent has clear parts.
- Specific, not general. The patient agrees to this exact image, used in this exact way. A blanket clause in an intake form is not enough.
- Informed. The patient understands where the image will appear, for how long, and that it may be shared publicly online.
- Freely given. The patient does not feel pressured, and care is not tied to whether they agree.
- Withdrawable. The patient can ask you to take the image down later, and you act on it.
- Documented. You keep a written record of what was agreed and when.
Even with all of that in place, a cosmetic before-and-after is still off-limits. Consent fixes the privacy problem. It does not fix the claim. That is why most clinics are better off not using these images at all.
What can you show instead?
You can still build a visual, credible site. You just show the right things.
- Your clinic and your team, so a prospective patient can picture the experience.
- Your process, from consultation to aftercare, explained step by step.
- Factual information about the procedure, the risks, and recovery.
- What to expect at a consultation, which is where any real assessment happens anyway.
None of this means your content has to be dry. A short video walking through your clinic, a clear explainer of the procedure steps, and an honest section on recovery do more for a cautious patient than a gallery ever could. They build confidence in you, not in a result you cannot promise.
Does the rule apply outside cosmetic clinics?
Yes. The before-and-after problem is most associated with cosmetic work, but the rule sits in the general AHPRA guidelines, so it reaches every registered field. Dermatology, dentistry, physiotherapy, weight services, and skin clinics all face the same test. If an image pair implies a result, it is a claim, whatever the field.
Two areas deserve a special note. Weight and body-composition change is a restricted area under the advertising rules, so a weight-loss before-and-after carries extra risk on top of the outcome claim. And any "after" that has been edited, even lightly, moves from risky to clearly non-compliant. The safest rule across every field is the same. Describe the service. Do not picture the result.
The rules cosmetic clinics break
Cosmetic clinics feel the most pressure to show results, so this is where the breaches cluster. A transformation gallery, a reshared patient selfie, an influencer's "after" shot. All of them are outcome claims, and all of them carry the extra weight of the cosmetic guidelines. The full picture is in the guide on AHPRA advertising guidelines for cosmetic clinics.
You can check your own site this week. Open every page and every social profile and ask: does this image, or its caption, imply a result? If yes, it needs to come down or be reframed. A GhostRank audit runs that check across your whole site against the AHPRA and TGA advertising rules and hands you a fix list. If you want the copy and content planned compliant from the first draft, that is the work I do for cosmetic and regulated clients across Australia.
This is general guidance for clinic owners and marketers, not legal advice. AHPRA and the Medical Board update their guidance from time to time. Check the current versions, and get formal advice for high-stakes pages.