What section 133 says
Section 133 of the Health Practitioner Regulation National Law prohibits advertising a regulated health service in a way that uses testimonials or purported testimonials. It runs alongside the other rules on misleading content, inducements and unrealistic expectations. It covers the advertising you control: your website, ads, social posts, brochures, signage and similar material.
The National Boards' Guidelines for advertising a regulated health service are the detailed reference on how that prohibition works. Read the current version before you rely on any detail here. This page is a plain-English summary, not the full text.
What counts as a testimonial
Under the guidelines' working definition, a testimonial is a statement about the clinical aspects of a regulated health service. Check the current guidelines for the exact wording. A comment has a clinical aspect when it refers to any of these:
- the symptom, or the reason the patient came in
- the diagnosis or treatment the practitioner provided
- the outcome, or the practitioner's skill or experience, stated directly or by comparison
A comment that touches none of these is non-clinical. Feedback about customer service, communication style, booking, reception staff, parking or waiting times falls outside the testimonial definition, but it remains subject to the other advertising rules.
Two examples show the difference. "The receptionist called me back the same day and the rooms were spotless" is non-clinical. "My knee stopped locking after three sessions and the physio explained every step" is clinical. It names a symptom, a treatment and an outcome. It is a testimonial, however warm it reads.
Mixed comments are where clinics get caught. A review that praises the front desk and then describes back pain easing contains a clinical aspect. Trimming it to the friendly line is not a clean fix, because the remaining words can still point to the result. If you are unsure, leave the whole comment out.
Purported testimonials
Section 133 also covers purported testimonials. These are statements presented as if a patient said them, when no patient did. The prohibition is not limited to real quotes that someone has tidied up.
Writing a patient quote for a brochure, asking a staff member or family member to post a glowing review that reads like a client's account, and attaching a made-up first name to a sentence all fall into this category.
If a reader would reasonably take the words to be a real patient's experience, and no patient wrote them, the words are a purported testimonial.
Reviews on platforms you do not control
Most of the confusion here comes from mixing three different situations, so keep them apart.
Patients posting reviews. The rules do not stop patients sharing their views, posting reviews on Google or other platforms, or taking part in forums. A review left on a platform you do not control is not, by itself, your advertising.
Reusing a review. The position changes once you take a review and use it to promote your service. Copying a clinical review into a website, ad, social post or printed material counts as using a testimonial to advertise, even though the patient wrote it freely.
Responding to reviews. Replying to reviews on a third-party site may be treated as using a testimonial to advertise the service, and the guidance asks advertisers to take care here. A reply that restates the clinical detail in a review carries the most risk. Get advice before replying to any review that describes treatment or an outcome.
Reviews that appear on your own website are a different case, including reviews pulled in by an embedded widget. The owner of the website, usually the clinic or the practitioner, is responsible for that content. The owner of the review platform is responsible for how its review function works.
Asking patients for reviews
A cautious working rule is not to ask patients for comments about their treatment or outcome in order to use them in marketing. Treat this as guidance, not a quotation from the guidelines. Asking for feedback on the service experience is easier to keep on the non-clinical side of the line, and it is the more defensible place to start.
Star ratings and grey areas
Star ratings, review counts and "5 out of 5" badges do not always sort neatly into one category. Whether a number on its own counts depends on how it is presented and what it implies about the service.
Until you have checked the current guidelines for your exact use, treat a rating that appears beside clinical content as a testimonial. Keep ratings clear of any claim about outcomes.
A quick check before anything goes live
- Does the comment refer to a symptom, a diagnosis, a treatment, an outcome or a practitioner skill?
- Did a real patient write it, in their own words?
- Are you copying it into material you control?
- Would a reply you post repeat any clinical detail?
- Is a review sitting on your website, and do you know who is responsible for it?
If you cannot answer each one with confidence, the material is not ready to publish.
What a breach can mean
Breaching section 133 is an offence under the National Law. A complaint about a testimonial can come from a patient, a competitor or a member of the public. AHPRA can look into material and ask for it to be changed or removed. Breaches can lead to enforcement action. Penalties are set out in the National Law itself, so check the current wording there rather than relying on a summary.
Where this fits with the other rules
A testimonial that also promises a result can break the rule against unreasonable expectations. A review placed next to a discount can raise the inducement rule as well. Check the full set before you publish. The AHPRA prohibited claims guide covers the wider list, with compliant alternatives for each.
If you are not sure whether a comment, rating or reply is safe, ask before it goes live. A short check now is cheaper than a request to change or remove material later.
Frequently Asked Questions
What counts as a testimonial under section 133?
A testimonial is a statement about the clinical side of care, meaning a symptom or reason for visiting, a diagnosis or treatment, an outcome, or the practitioner's skill. Comments about reception, booking, parking or waiting times fall outside that definition, but other advertising rules still apply to them.
Can we reuse a review that a patient posted on Google?
Patients can post what they like on platforms you do not control, but copying a clinical review into your website, ads, social posts or printed material counts as using a testimonial to advertise. Replies you post on third-party sites can be read the same way, so check them first, especially any reply that restates clinical detail.
Can we ask patients to leave reviews about their treatment?
The page's cautious working rule is not to ask patients for comments about their treatment or outcome to use in marketing. Asking about the service experience is the more defensible place to start.
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General information only. It is not legal advice and does not replace the current guidelines published by AHPRA and the National Boards. Check the source material or seek advice on your specific situation.