Marketing Advice for Practitioner Services Agreements
Marketing Advice for Practitioner Services Agreements
Since the Thomas and Naaz case, practice managers, understandably, want to minimise their risk of being exposed to a large payroll tax bill (amongst other risks) and ensure that practitioners are operating their business from the clinic’s offices independently. The way that doctors are held out to the public and positioned (marketed) may be a factor that is taken into account in establishing whether the practitioner is truly independent. So, how should a practice go about their marketing activities with respect to doctors that work from their practice? For example, how should a practice market its doctors, if at all, on website or business cards?
You Legal’s Marketing Advice for Engaging Independent Practitioners takes recent case law, legislation, and your practice’s current contractual arrangements into account to provide your practice with individualised legal advice regarding the steps you should and should not take to help protect the practice against legal and regulatory risk when ‘marketing’ doctors..
Note: Price does not include GST
Additional Details
This Advice applies to all advertising and social media activity of your practice, including:
your website;
social media listings such as your Facebook and Instagram, and
any other online or print content over which your practice controls.
Once you Purchase this Advice:
We take your instructions by email or over the telephone in relation to how your practice engages with medical doctors, including considering your existing contract;
We prepare and send you our legal advice regarding marketing doctors for your medical practice; and
We have a 30-minute call with you to answer any questions in relation to the advice (either via one telephone call or one email) within 30 days of you receiving the advice.
Frequently Asked Questions
If you are considering engaging You Legal to prepare a Marketing Advice for Engaging Independent Practitioners for your practice, here’s what you need to know:
Why do I need Marketing Advice for Engaging Independent Practitioners?
There is a significant legal and regulatory risk faced by medical practices when they ‘market’ doctors, despite it being something that all practices do. This advice takes your practice’s current contractual arrangements into account, as well as recent case law and legislation to help you navigate this risk. It is vital that independent practitioners are truly independent and that any marketing reflects this dynamic.
How does marketing the doctors in my practice put me at risk?
Since the Thomas and Naaz decision, practice managers have been looking to minimise their risk of being exposed to a large payroll tax bill in various ways. Exactly how doctors are held out to the public and positioned by the practice (i.e. marketed) can be a factor indicating whether an independent practitioner is truly independent. For example, a doctor who is all over a practice’s website and social media may appear to be ‘part of’ the practice, attracting unnecessary risk for the practice. The independent practitioner must be running their own business from the clinic’s offices independently and all ‘marketing’ must reflect this.
What is and isn’t included in the cost of this Fast Track Solution?
The above price is inclusive of us reviewing your existing contract and providing written legal advice regarding how to go about ‘marketing’ doctors in your medical practice. It also includes, a telephone call (or emails) to help us understand how you engage with medical doctors, as well as a phone call of up to 30 minutes duration to answer any questions in relation to our advice. However, this Fast Track Solution is not a holistic guide to marketing generally in your practice - for that, we offer an Advertising Framework. You can find our Advertising Framework here.
Have a question?
Please be aware that our Standard Terms apply to this engagement: https://youlegal.com.au/standard-terms/