Cracking Down on Cosmetic Surgery: New Medical Board Regulations in Australia Come into Effect on 1 July 2023

Cosmetic surgery advertising in Australia is already tightly regulated, but the regulations are about to get stricter in the wake of recent scandals that have shaken up the industry. Starting 1 July 2023, new rules issued by the Medical Board of Australia in partnership with the Australian Health Practitioner Regulation Agency (AHPRA) will go into effect.

Here is a quick overview of new changes that are on the horizon that every medical practitioner offering cosmetic surgical services must know:

Download PDF of “Guidelines for registered medical practitioners who advertise cosmetic surgery” from AHPRA’s website effective from 1 July 2023

Patients will need a referral from their GP

Patients seeking cosmetic surgery will need a GP referral starting 1 July 2023. While the Medical Board does not expect general practitioners to have complex knowledge of cosmetic surgical procedures, they have the most detailed and accurate knowledge of a patient’s medical history, and therefore, are equipped to make a referral when appropriate. GPs can also evaluate a patient’s motivation for pursuing an elective surgical procedure and screen for contraindications such as body dysmorphic disorder (BDD).

Registration Type and Registration Number

Starting 1 July 2023, medical practitioners must identify their registration type and registration number in their advertising.

Being Transparent About Risks and Recovery

Detailed information about the recovery process and possible complications must be visible on all cosmetic surgery advertisements. When it is impossible to provide exhaustive information about recovery and risks (i.e. when there is a character limit on social media captions or similar), the advertiser must include a link or instructions directing the viewer to a section of their website containing the full scope of information. Furthermore, practitioners must not describe procedures or the recovery process as “easy”, “safe”,“simple”, “gentle”, “painless”, “quick”, etc. They should also emphasise that patients have different pain tolerances and that recovery times vary.

Tougher Rules for Videos and Images in Ads

Cosmetic surgery is not to be taken lightly. Therefore, videos and imagery contained in advertising should be used responsibly. Here are some new advertising rules slated to go into effect 1 July, 2023 for video and static images:

The intent of advertising must be to inform, not entertain

The primary purpose of ads should be to inform, not to get a laugh. Video content and imagery used in ads, including posts to social media platforms, must always be appropriate and truthful first and foremost. Videos and images should not contain ‘entertainment’ features such as music, singing, dancing, or comedic commentary. Any voice-overs must be purely educational in tone and content. Captions and image descriptors also must not glorify cosmetic surgery, nor can they downplay the serious nature of a cosmetic surgical procedure.

No sexually suggestive content or gratuitous nudity in ads

All imagery must avoid being sexually provocative. Ads must refrain from including nudity that could be deemed gratuitous. In other words, steer clear of explicit content unless it is highly relevant to the procedure and does not create false expectations or make suggestive innuendos. Images of bodies or body parts shown in sexy lingerie or swim attire are also banned, as are seductive poses, simulated undressing, sexual paraphernalia, and imagery depicting oiled skin or similar.

Social media influencers

The new regulations state that social media influencers and ambassadors must be utilised carefully when advertising cosmetic surgery and related non-surgical procedures. They must not promote an unrealistic expectation of results and must not detract from the possible negative repercussions of engaging in an elective surgical procedure. Advertising content produced by influencers and ambassadors on behalf of medical practitioners must strictly comply with all regulations.

Consent to use patient images

Practitioners must have explicit consent to use patient images in their advertising. It would be unethical and unlawful to use patient images without consent.

Patient confidentiality must always be considered first as it is integral to the doctor-patient relationship. Medical practitioners have a duty to inform the patient of where they intend to post the images, be it on a website, email campaign, billboard, social media platform, or elsewhere. They should also be clear about the intended length of time they plan to use the images for advertising purposes.

Patients must also be advised that consenting to the use of their images opens them up to possible scrutiny and commentary from the public that is beyond the practitioner’s control. Opting out must always be an option; Patients must not be forced or encouraged to have their images displayed in advertisements. Every patient has a right to deny or withdraw their consent at any time. Finally, patients must be made aware of where the original images will be stored and who will have access to them.

Additionally, practitioners must never publicise patient names or other identifying information, including links to social media or digital accounts. Consenting patients must be aged 18 or older.

Use of single images

Showing a single image that gives viewers a false or deceptive impression of the expected outcome of a procedure is against the rules. For example, celebrity photos and stock images of models can unjustly glamourise cosmetic surgical procedures and create unrealistic expectations. Likewise, nude imagery, black-and-white images, and single images styled with filters or “mood lighting” should be avoided in all forms of advertising. Lifestyle shots, including those photographed in settings such as the pool, beachside, bedroom, hotel rooms, etc. are also not allowed.

Use of before-and-after images

Before-and-after images must be used responsibly in advertising. With consent, the images must only be of actual patients that underwent a procedure with the practitioner publishing the advertisement. Before-and-after imagery should contain a prominent warning stating that the outcome shown is only relevant to the particular patient that is pictured and that results can vary from individual to individual. Additionally, the ‘before’ image must either be displayed first or displayed more prominently than the ‘after’ image. Finally, the before and after images should have similar lighting, camera angles, framing, posture, clothing, makeup, and backdrops.

Negative Body Language is Banned

Using negative body language in advertising is banned. Words that suggest certain body parts or aesthetic concerns are unattractive must not be used. For example, “post-pregnancy body”, “unsightly bulges”, “flabby”, “bingo wings”, “problem area”, “trouble spots”, “thigh gap”, “hip dips”, “flat buttocks” and similar phrases must not appear in online advertising or printed marketing materials. The purpose of this rule is to avoid exploiting insecurities or vulnerabilities for the sake of getting viewers to consider a cosmetic procedure.

Use of Accurate Words and Descriptors

Captions, image descriptors, and content on websites and other marketing materials must not include words that trivialise the invasiveness of cosmetic surgical procedures. Such words include but are not limited to “restore”, “sculpting”, silhouette”, “body goals”, “renowned”, and “artistry”, In similar fashion, ads should not suggest that a patient’s well-being might suffer if they do not proceed with a cosmetic surgical procedure. For example, words and phrases such as “healthier”, “happier”, “more youthful”, “new and improved you”, “better version of yourself”, “get ready for summer”, “bikini body”, “the body you deserve”, or similar must not appear in ads.

No Claims Regarding Psychological or Social Benefits

Intangible benefits must not be stated or implied in cosmetic surgery advertising. Essentially, practitioners must not insinuate that a patient’s life will change for the better after a cosmetic procedure unless such claims are supported by acceptable evidence.

Adult Content Labels

Avoid Targeting Minors

Due to the sensitive nature of many cosmetic surgical procedures, the regulations state that all social media advertising must be clearly labeled as ‘adult content’.

Non-clinical Terms and Descriptors

Cosmetic surgery advertising should refrain from using colloquial terms for body parts or procedures. Terms such as “tummy tuck”, “mummy makeover”, “boob job”, “nose job”, or “Brazilian butt lift’ must not appear in advertisements. Instead, practitioners must refer to the proper clinical terminology, such as “abdominoplasty”, breast augmentation”, “rhinoplasty”, etc. Social media advertising is no exception to this rule. Hashtags and captions must also avoid non-clinical terminology. Furthermore, non-clinical adjectives such as “amazing”, “incredible”, “beautiful”, “perfect”, and “transformation” must not be used in advertising.

No Emojis

Save the emojis for your personal emails. Using emojis and emoticons in cosmetic surgery advertising should be avoided altogether. These adorable icons are too light-hearted for something as serious as a cosmetic medical procedure. Emojis may not be used to hide body parts for modesty reasons, nor should they suggest an emotional reaction to a procedure in captions or any other marketing materials.

Excessive Advertising

Frequently posting cosmetic surgery advertisements online can erode a person’s self-image. Advertisers should consider the frequency of their online posts and avoid bombarding their followers with daily or multi-daily posts.

Automated Imaging Tools that Predict Surgical Results

Advertising content must not direct users to automated apps, websites, programs, or tools that can “predict” a person’s appearance after a cosmetic surgical procedure. Before-and-after imaging software may be utilised in private consultations under the guidance of the practitioner, who must be clear that digitised renderings show an optimal result and that actual results may vary.

Encouraging patients to “bundle” procedures

Practitioners should not advertise package deals since they can inadvertently encourage patients to undergo multiple procedures they may not truly need.

New Cosmetic Surgery Endorsement

To make it easier for patients to know who is qualified to perform cosmetic surgery, the Health Ministers have proposed a new endorsement standard. The endorsement process aims to make it clear on the public register whether a doctor has met the cosmetic surgery standards set forth by the Australian Medical Council and the Medical Board. Additional details are forthcoming.

What types of advertising must follow these rules?

All forms of advertising are included. The practitioner’s website can be flagged for violating any of the aforementioned regulations in addition to a slew of other rules that have long been in effect. Additionally, social media, print ads, televised ads, radio ads, newspaper ads, brochures, emails, flyers, mobile communications, office signage, business cards, and all other print and online advertising materials are subject to these regulations. Be careful with hashtags, taglines, and meta tags, as these also must be compliant. In short, any and all information conveyed by a cosmetic surgery practice must remain in strict compliance or the practitioner may face repercussions from the Medical Board.

Cosmetic Surgery Advertising Basics

How else can I remain in compliance?

Generally speaking, advertisements for cosmetic surgical services must not:

Include patient testimonials
Be false, deceptive, or misleading
Exaggerate the benefits of a procedure
Be done for entertainment value or “likes”
Encourage competitions, votes, or guessing games
Promote indiscriminate use of a service or procedure
Create an unreasonable expectation of positive outcomes
Downplay the possible risks and complications that may arise
Minimise the duration or side effects associated with recovery
Promote discounts without clear mention of terms and conditions
Use photo retouching or stock images of models in advertising, as this creates a false, misleading, and unrealistic expectation of results

Why is all this important?

Stronger Regulations Equal a Higher Standard of Care

Medical practitioners have an obligation to be truthful in advertising. The new regulations have been put in place to keep the public safe and help them make better informed decisions before proceeding with cosmetic surgical procedures. The new rules will help put an end to misleading advertising that downplays the risks and over exaggerates the benefits of elective surgical procedures. The goal is to educate patients so they can make reasonable choices about their health and safety based on facts alone, without being swayed by false promises or idealistic circumstances that might not apply to everyone. Repeated failure to uphold these guidelines can have serious consequences that can affect a medical practitioner’s registration.