Obtaining Patient Consent for Marketing Activities
Getting patient consent for marketing — a practical guide for Australian clinics
Patient consent for marketing in Australian healthcare means asking for clear, informed permission before you use a patient’s personal or health information for promotional purposes. This guide walks through how the Privacy Act 1988, the Australian Privacy Principles (APPs) and AHPRA advertising rules set the boundaries for lawful marketing, and why tidy, practical consent workflows protect your clinic from regulatory and reputational risk. Small practices — dentists, chiropractors and physiotherapists — benefit most from consent that is specific, voluntary and easy to revoke. That approach supports ethical local marketing and strengthens patient trust. The guide maps legal requirements, accepted consent types, step‑by‑step capture and recordkeeping, common compliance pitfalls and how to avoid them, trust‑building tactics, and recent legislative and digital‑health trends that change consent management. Throughout we keep the advice practical and relevant to small clinics and reference the OAIC, AHPRA and the ACCC so you can make operational decisions with confidence.
Practical Guide to Patient Consent for Marketing in Australian Clinics
Consent for marketing sits where privacy law meets professional advertising rules — meaning you need a lawful basis to collect, use or disclose health information for promotions. The Privacy Act 1988 and the APPs require extra care with health data, including a clear statement of purpose and secure storage. AHPRA restricts advertising that is misleading or exploitative and places limits on using patient material. You also need to comply with the Spam Act 2003 and the Do Not Call Register Act 2006 for direct marketing, and ensure claims meet ACCC expectations. In practice: capture explicit marketing permissions where needed, keep auditable records, and route promotional activity through a compliant approval process. Getting these basics right helps you design consent workflows that increase opt‑ins and reduce regulatory exposure.
How do the Privacy Act 1988 and the Australian Privacy Principles affect patient consent?
The Privacy Act and the APPs require that personal information — and especially sensitive health information — be collected only for lawful, specified purposes and kept secure. APP 3 (collection) means patients must be told why you’re collecting information; APP 6 (use and disclosure) limits secondary uses like marketing unless the patient has consented or an exception applies; and APP 11 requires reasonable steps to keep data safe, which includes keeping consent records. Practically, clinics should record why they want to send marketing, how data will be stored and who can access it, and retain consent timestamps and capture method to show compliance if the OAIC asks.
Those privacy duties shape how you capture consent and manage it over time.
What do AHPRA guidelines say about ethical marketing and patient privacy?
AHPRA and the National Boards require registered practitioners to avoid advertising that is false, misleading or creates unreasonable expectations, and they put specific limits on using patient content. Identifiable patient testimonials and endorsements are explicitly high risk because they can influence clinical choices, so AHPRA expects practitioners to maintain professional standards in all promotional material. Because privacy law also applies, using patient stories or images usually needs both a privacy basis and compliance with AHPRA — which makes direct testimonials risky. Safer options for practices are anonymised case summaries, evidence‑based claims and clear practitioner credentials — and if you do use patient‑derived content, make sure you have documented consent and a professional advertising check.
What types of patient consent are valid for healthcare marketing in Australia?
Consent for marketing is either express (an opt‑in) or, in limited cases, implied — but in every case it must be informed, specific, voluntary and revocable to meet APP and professional standards. Express consent is a clear affirmative action (for example, ticking an opt‑in box on an intake form). Implied consent can apply when communications are directly related to care and reasonably expected — appointment reminders are a common example. Sensitive health details require extra care: any marketing that uses clinical information or outcomes needs a specific, explicit opt‑in. Structuring consent around purpose, channel and revocation keeps you compliant while giving patients transparent choices that build trust.
Below is a simple comparison of common consent scenarios and what documentation each needs.
What’s the difference between express and implied consent for marketing?
Express consent is an explicit, informed yes — shown by a clear action — and it’s the right choice for newsletters, promotions and any use of patient outcomes in marketing. Implied consent arises when the communication is directly tied to care and the patient would reasonably expect it (for example, appointment reminders). Implied consent should not be stretched to cover promotional content. It’s harder to defend in a regulator’s view, so when you plan marketing beyond core clinical messages, get an express opt‑in. If you rely on implied consent, document the rationale and keep records to support your decision.
What are the essential elements of valid marketing consent?
Valid consent should clearly state the purpose, the types of messages the patient will receive, who will send them and how they can withdraw consent at any time. Consent must be voluntary and given by someone with capacity. Capture a timestamp, the capture method (paper, online, recorded verbal) and the scope (channels and topics). For sensitive health information, specify whether clinical details will be used and obtain a separate explicit opt‑in if needed. A short checklist of these elements makes each consent auditable and proportionate to the marketing activity you plan.
- Essential elements: purpose, scope, capture method and how to revoke consent.
- Record timestamps and retention details for auditability.
- Obtain separate explicit consent for any use of sensitive clinical information.
These checks form the backbone of a compliant consent record and help design forms and CRM tags used day to day.
How can small healthcare practices obtain and manage patient consent compliantly?
Design consent capture into the patient journey so permissions are requested at natural touchpoints and stored in a searchable, auditable system. Map where patients interact with the practice — intake, online booking, check‑out and follow‑up — and add short, plain‑language opt‑in fields that specify purpose and channels. Use your CRM or practice management system to tag consent status, channel preferences and timestamps, and set up automated unsubscribe and revocation workflows so lists stay accurate. Regular staff training and simple audits make sure reception and clinical teams know when marketing permission is required and how to record it correctly.
Make sure every capture method writes back to the same CRM flags to avoid fragmented records and enable compliant segmentation. Implementing a consistent revocation flow and a retention schedule completes the consent lifecycle.
Milkcan Marketing can help operationalise these steps by reviewing your consent touchpoints, configuring CRM tags and templates, and creating compliant content workflows tailored to dental and allied health clinics. We focus on practical templates, CRM integration and staff training to make consent capture reliable and auditable. If you’d like help implementing these changes, request a consultation and we’ll map your patient journeys and prioritise quick wins.
What are best practices for designing compliant patient consent forms?
Good consent forms use plain language, separate clinical care information from marketing opt‑ins and treat each channel as an independent choice. Include short statements about the purpose of communications, who will send them, how long records will be kept and a clear way to withdraw consent; link to a short privacy summary rather than long legal text. Use unchecked opt‑in boxes (never pre‑ticked) and capture a timestamp and the collector’s identifier for every consent event. Store consent fields as structured data in your CRM rather than free text to make segmentation and audits straightforward.
These choices reduce ambiguity and increase consent validity, enabling targeted marketing that respects patient preferences. Clear form design also lowers opt‑out rates and builds trust when patients see transparent handling of their information.
How should consent be integrated into the patient journey and data systems?
Capture consent at predictable touchpoints — new patient registration, online booking, treatment check‑out and post‑visit surveys — and put it into standard operating procedures so staff consistently ask for permissions. Model consent flags and channel preferences in your practice management system or CRM as discrete fields and synchronise them across platforms to avoid accidentally contacting non‑consenting patients. Automate routine actions: unsubscribe requests should update all lists, and revocation should remove contacts from marketing segments while retaining a revocation record. Regular reconciliation between booking systems, CRM and email platforms prevents orphaned records and demonstrates good governance.
Training staff to explain the benefits and scope of marketing communications increases opt‑ins and ensures informed choices. Consistent tagging and automated hygiene processes turn consent from a one‑off task into a reliable control.
What are common compliance pitfalls and how can they be avoided?
Typical mistakes include failing to document consent properly, blurring the line between marketing and clinical communications, using identifiable patient testimonials in breach of AHPRA, and making unsupported clinical claims that attract ACCC attention. These problems usually come from informal processes and unclear staff guidance. Simple controls — structured consent capture, a copy approval workflow and routine audits — are effective mitigations. Run quarterly checks of marketing lists against consent flags, keep an up‑to‑date privacy notice on file, and require a pre‑publication review for clinical claims. Proactive documentation, training and a regulated review process significantly reduce compliance risk and create defensible marketing practices.
- Not documenting consent properly increases regulatory exposure and weakens marketing validity.
- Using patient testimonials without anonymisation or consent breaches AHPRA advertising rules.
- Misleading clinical claims risk ACCC enforcement and damage patient trust.
Milkcan Marketing’s experience in reputation management and compliance‑aware advertising offers practical risk reduction: anonymised scenario reviews and pre‑release audits of campaign copy help prevent AHPRA and ACCC breaches. For example, we can review a clinic’s promotional email, flag implicit clinical promises and suggest rewrites that keep marketing impact while removing unsupported outcomes.
Why are patient testimonials restricted under AHPRA guidelines?
AHPRA restricts patient testimonials because they can create unrealistic expectations and unduly influence patient decisions, which undermines professional standards and informed consent. The restriction protects vulnerable consumers from anecdotal claims presented as typical outcomes and helps preserve trust in clinical representations. Compliant alternatives include anonymised case studies with documented consent, aggregated outcome statistics and factual practitioner credentials that communicate expertise without personal endorsements. If you use anonymised material, check carefully that no identifiable details remain and that clinical statements are evidence‑based and supported by privacy documentation.
This approach balances the need for social proof with regulatory constraints and protects patient dignity while letting practices communicate responsibly about results.
How can you avoid misleading claims and keep marketing honest?
Prevent misleading claims with a simple editorial checklist and approval workflow: verify factual statements against clinical evidence, avoid superlatives and guarantees, and don’t rely on disclaimers to fix misleading copy. Cross‑check advertising against ACCC guidance and professional board expectations, and document approval decisions to create an audit trail. Train anyone involved in marketing to spot red flags — absolute outcomes, time‑limited guarantees or sensational language — and route questionable copy to a clinician or compliance advisor before it goes live. Regularly review older marketing assets to ensure they remain supported by current evidence.
A lightweight approval flow and a clear checklist let teams publish confidently while maintaining integrity and compliance.
How can healthcare providers build trust through ethical and transparent marketing?
Ethical, transparent marketing builds trust by explaining how patient data is used, offering clear opt‑in choices and sharing educational content that helps people make better decisions. When clinics explain why they send newsletters or appointment reminders and show the benefits to patients, opt‑in rates rise and complaints fall — which supports retention and referrals. Educational touchpoints — welcome emails, reception posters and clinical blogs — both inform patients about data use and position the practice as a trusted source, improving marketing performance. Showing robust data handling and giving patients meaningful control over communications are small differences that often deliver a measurable business advantage.
- Being transparent about data use increases opt‑ins and reduces complaints.
- Educational materials turn consent into engagement by explaining benefits.
- Proactive compliance enhances reputation and marketing ROI.
A culture of transparency therefore delivers both ethical care and tangible business benefits.
Why are transparency and patient education important for consent?
Transparency and patient education matter because informed patients make choices that reflect their preferences, which reduces opt‑outs and complaints. Explaining why the clinic sends certain messages and how patients can manage preferences demystifies marketing and increases consent rates. Educational content that outlines the data lifecycle — collection, storage, use and deletion — addresses common privacy concerns and builds trust. Add short, clear explanations at consent points and follow up with brief educational messages to reinforce understanding and show respect for patient autonomy.
This patient‑focused approach supports higher‑quality, consented marketing and strengthens therapeutic relationships.
What are the advantages of proactive compliance for small practices?
Being proactive with compliance reduces regulatory risk, limits exposure to breach notifications and improves patient retention and referrals through stronger trust. Practices that adopt clear consent workflows and documented approval processes can scale local marketing without adding legal vulnerability, turning compliance into a growth enabler rather than a constraint. You’ll see measurable benefits — higher open and engagement rates on permission‑based campaigns and fewer time‑consuming fixes after mistakes. For small clinics, a reputation for respectful data practices often translates into a sustainable competitive edge.
Investing a little in consent processes and training therefore pays off in both risk reduction and marketing results.
What recent updates and trends affect patient consent and privacy in healthcare marketing?
Recent trends include stronger OAIC enforcement, legislative changes that increase civil penalties and a heavier focus on breach reporting — all of which make consent management and data security priorities for practices. The rise of digital health — telehealth platforms, patient apps and third‑party booking tools — has multiplied data flows and introduced new obligations around third‑party sharing. Practices need to combine legal compliance with vendor due diligence, clear contracts and transparent patient notices that reflect today’s technical ecosystem. Embedding consent controls into digital workflows and keeping a vendor inventory helps practices respond to OAIC enquiries and reduces exposure to penalties.
These trends mean consent management and vendor oversight should be ongoing governance activities, not one‑off projects.
How have Privacy Act amendments increased penalties for data breaches?
Recent amendments have expanded the OAIC’s enforcement powers and increased potential civil penalties, signalling that regulators prioritise timely breach detection, reporting and remediation. For healthcare providers this raises the stakes: poor consent records or weak security controls attract particular scrutiny when health data is involved. Immediate actions include reviewing consent capture and retention, ensuring encryption and access controls are in place, and rehearsing breach notification procedures. Strengthening these basics reduces both the chance of a breach and the severity of regulatory consequences if one occurs.
Keeping policies current and investing in quick detection and response is essential to limit harm to patients and your practice.
What are the implications of digital health adoption on consent management?
Digital health increases the number of platforms that handle patient data, creating multiple points where consent and data‑sharing decisions must be recorded and respected. Telehealth providers, booking apps and analytics tools may each require vendor assessments and clear notices to patients about third‑party flows. Clinics should capture inline digital consent that records channel‑specific permissions, keep a vendor inventory documenting data handling, and require contractual assurances on security and deletion. These steps make consent meaningful across technical ecosystems and help patients retain control of their information regardless of the platform used.
Practical digital controls — synchronised CRM flags, API‑level consent propagation and routine vendor reviews — make scalable, compliant digital marketing feasible for small practices.
Milkcan Marketing specialises in advising Australian healthcare practices on compliant, practical consent and digital marketing workflows and can provide a short consult to assess consent capture points and CRM integration priorities. Our healthcare focus helps clinics turn regulatory guidance into operational changes that protect patients while enabling permission‑based local growth. To explore tailored support, request a consultation to prioritise quick wins in consent management and compliant marketing setup.
Frequently asked questions
What should patients know about their rights regarding consent?
Patients have the right to know how their personal and health information will be used, especially for marketing. They should be told the purpose of data collection, the types of messages they may receive, and that they can withdraw consent at any time. This transparency helps build trust and makes patients comfortable with how their information is handled. Patients can also request access to their consent records and ask about security measures that protect their data.
How can healthcare providers ensure compliance with consent regulations?
Providers can ensure compliance by implementing structured consent workflows that clearly document how consent was captured, with timestamps and stated purposes. Regular staff training on legal requirements and practical steps is essential. Periodic audits of consent records and marketing practices help find gaps early. Staying proactive about consent management reduces risk and enhances your reputation for ethical marketing.
What are the consequences of non‑compliance with consent regulations?
Non‑compliance can lead to legal and financial penalties, reputational damage and loss of patient trust. Regulators may impose fines, and affected patients could pursue legal action. Non‑compliance also invites increased regulatory scrutiny and more frequent audits. Following consent rules is therefore both a legal duty and a key part of running a successful practice.
How can digital tools assist in managing patient consent?
Digital tools streamline consent management by automating capture, storage and retrieval of consent records. Electronic forms can present clear information about rights and purposes. Practice management systems can hold consent flags and preferences so it’s easier to manage communications. Using technology reduces admin time, improves compliance and makes the patient experience smoother.
What role does patient education play in consent management?
Patient education empowers people to make informed choices about their information. Clear, accessible explanations of how data will be used encourage patients to engage and consent where appropriate. Educational resources — brochures, short web pages or reception signage — demystify the process and foster a culture of transparency and trust between patients and the practice.
How often should consent records be reviewed and updated?
Review consent records regularly — at least annually or whenever practice policies or regulations change. Also check records before launching new marketing campaigns or introducing services that may need extra consent. Routine audits help spot discrepancies and ensure your records reflect current patient preferences, protecting both your practice and your patients.
Conclusion
Obtaining patient consent for marketing in Australian healthcare is essential to protect patients and preserve trust while keeping your practice compliant. Clear consent workflows, transparent communication and staff training make it straightforward to run permission‑based marketing that respects privacy and supports growth. If you’d like tailored help to optimise your consent processes, reach out for a consultation and we’ll help you prioritise practical, high‑impact changes.
