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Before-and-after photos in practice marketing: patient permission and honest results

A hand on a ringing desk phone at a medical practice front desk

Many aesthetic, dental and eye practices publish before-and-after photos. They are patient images, and using them in marketing brings privacy rules and advertising rules into play at the same time. This guide is for practice owners and marketing staff. It covers the written permission to get, how to present results honestly, and a simple process for storing and publishing photos.

  1. SearchAn adult looks for care near them.
  2. Your pageWhat you treat, who sees them, one way to book.
  3. Call or formThey call or send a request.
  4. Front deskBooks the visit and never guesses a cause.
  5. Clinical teamThe clinician decides the plan.
How a new patient request reaches your practice.

1. Treat every photo as patient information

If your practice is a HIPAA covered entity, clinical photos taken as part of care are protected health information. HIPAA’s de-identification standard lists full face photographic images and any comparable images among the identifiers, so cropping out a name is not enough to make a facial photo anonymous. Tattoos, jewelry, a distinctive background or the date on a file can also identify someone. Plan as if any photo you publish could be recognized by someone who knows the patient.

2. Get a written authorization before you publish

Publishing patient photos on your website, on social media or in ads is not part of treatment, payment or health care operations. HIPAA’s general rule is that a use or disclosure of protected health information that is not otherwise permitted needs the patient’s written authorization (45 CFR 164.508). A valid authorization must include, among other elements:

  • a specific description of the information to be used, for example “before and after photos of my upper teeth taken between March and June 2026”;
  • who will use or disclose it and who will receive it, for example the practice and the public through its website and social media;
  • each purpose of the use;
  • an expiration date or event;
  • the patient’s signature and date;
  • statements about the patient’s right to revoke the authorization in writing.

The same section says a covered entity may not make treatment conditional on signing an authorization like this one, and that the patient must receive a copy of the signed form. In practice that means asking separately, after the treatment decision, and never offering it as a condition of care. Name each channel you plan to use (website, social media, printed materials, ads), because a patient may agree to one and not another. State laws on the use of a person’s image can add requirements, so have counsel review the form.

3. If you give something in return, say so

Under the FTC’s Endorsement Guides, a material connection between the person featured and the business must be disclosed clearly and conspicuously when the audience would not expect it. The guides say material connections can include monetary payment or free or discounted products or services. If a patient received a discount, a free treatment or any other benefit in exchange for their photos or a testimonial, disclose that next to the images, for example “This patient received a discounted treatment in exchange for sharing their photos.”

4. Show results honestly

The FTC’s guides treat consumer endorsements about a product’s performance as a claim by the advertiser, which must be substantiated, and say that consumer endorsements themselves are not competent and reliable scientific evidence. They also say an endorsement about a key attribute will likely be read as showing what people generally achieve; if the result shown is not representative, the ad should clearly disclose the generally expected results. For before-and-after photos, that means:

  • Use the same lighting, angle, distance, expression and background in both photos.
  • Do not retouch, filter or edit photos in a way that changes the result.
  • Label each case with the treatment, the number of sessions and the time between photos.
  • Show typical cases, not only your best ones, or state clearly what results patients can generally expect.
  • Do not promise results; say that results vary and that a consultation determines whether a treatment suits the patient.

Your state medical or dental board may have its own advertising rules, and some may address before-and-after images directly. Check them before you launch a gallery.

5. A simple photo process

  1. Take clinical photos on practice devices, not personal phones, and store them in the patient record or a secure system.
  2. Keep the signed authorization with the photos, and record the channels and expiration date.
  3. Before publishing, have a second person check the authorization, the labels and the image for identifying details.
  4. If a patient revokes permission, remove the photos from the channels you control and record when you did it.
  5. Review the gallery at least once a year and remove images whose authorization has expired.

Where MediLeadGen fits

A clear, honest gallery helps patients who are already considering a treatment decide to request a consultation. MediLeadGen sends practices requests from patients interested in cash-pay elective treatments, each sent to one practice with consent naming that practice, at a fixed price per delivered request, so your team can follow up with people who are ready to talk.

See how it works for practices

Questions practices ask

Do we need patient permission to post before-and-after photos?

If your practice is a HIPAA covered entity, yes: publishing patient photos to promote your services needs the patient’s written authorization under 45 CFR 164.508. State laws can add requirements, so have counsel review your form.

Is a cropped photo without a name anonymous?

Not necessarily. HIPAA lists full face photographic images and comparable images as identifiers, and details like tattoos, jewelry or backgrounds can identify someone too.

Can we give patients a discount for their photos?

If you do, disclose it clearly next to the images. The FTC’s Endorsement Guides treat free or discounted services as a material connection that must be disclosed when the audience would not expect it.

Can we edit before-and-after photos?

Do not retouch or filter them in a way that changes the result. Use the same lighting, angle and background, label the treatment and timing, and show typical results or state what patients can generally expect.

What if a patient changes their mind?

The authorization must tell patients they can revoke it in writing. Remove the photos from the channels you control and record when you did it.

General information for practice teams, not legal advice. Check federal rules, state law and your licensing board’s advertising rules with counsel. Last reviewed October 2026.

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