In today’s healthcare landscape, many practitioners wish to retain as much independence as possible. Often, a services agreement is used to facilitate the practice (or service entity) providing administrative support while maintaining clinical independence and allowing the practitioner to provide their services from within the practice’s premises. While these arrangements offer significant benefits for both parties, they also raise complex questions when it comes to marketing and advertising, including under the Australian Health Practitioner Regulation Agency (AHPRA) advertising guidelines.

One of the most common mistakes we see is practices inadvertently blurring the lines between themselves and the independent practitioners they support. Statements like “our doctors” or “our team” can trigger compliance issues and mislead patients into thinking the entity itself is delivering clinical care. Getting this wrong can result in serious consequences, including hefty fines and other unexpected liabilities.

This article unpacks the key considerations for marketing independent health professionals while staying compliant with AHPRA’s strict advertising requirements and protecting your practice from other associated risks.

Why the Distinction Matters

AHPRA’s advertising guidelines apply to any person or entity advertising a regulated health service. This includes not just doctors and health professionals themselves, but also any business that promotes or facilitates those services, such as service entities.

Even though service entities may not provide clinical services directly, the moment they advertise the services of a practitioner, they are caught by the Australian Health Practitioner Regulation National Law (National Law) and must ensure that their marketing is accurate, non-misleading, and devoid of prohibited content such as testimonials.

Further, if a service entity markets an independent practitioner’s services, it must take care not to create the impression that the practitioner is an employee or part of a collective “team.” Doing so may misrepresent the nature of the relationship and raise compliance concerns.

Best Practice: Keep it as separate as possible

To maintain compliance and manage legal risk, you may wish to consider implementing the following strategies when marketing independent practitioners:

Use accurate language

Avoid phrases like “our practitioners,” “our team,” or “we offer GP services.” These can suggest an employment relationship that may not exist and can mislead patients. Referring to the practitioner by name and title is generally, as well as stating that the practitioners are independent, can be recommended, depending on the circumstances of your practice, e.g., “Dr Smith consults from our clinic” or “Consulting at our premises: Dr Smith, Independent General Practitioner”.

2. Ensure individual branding

Independent practitioners should ideally have their own business name, which should feature on any business cards or letterheads. They may also have their own logo or website. This reinforces their professional autonomy and makes it clear that they are not employees of the service entity.

3.Website and social media separation

Where possible, practitioners should maintain their own websites and social media channels. If a central clinic website lists multiple practitioners, it should clearly distinguish between them, for example by having separate profile pages and contact details.

4. Disclaimers and booking systems

Another strategy to consider is clearly stating on your booking system that appointments are facilitated on behalf of independent practitioners, who are individually responsible for patient care. This may include a footer or pop-up disclaimer on the clinic’s website noting that each practitioner operates their own independent business and is not an employee of the clinic.

Additional Advertising Considerations

Avoid testimonials and exaggerated claims

Under section 133 of the National Law, testimonials are strictly prohibited in advertising where they refer to clinical aspects of a regulated health service. This includes any content under the control of the practitioner or the service entity. Even well-meaning reviews such as “I lost 10kg thanks to Dr Smith” are likely to breach AHPRA guidelines if published on websites or social media pages controlled by the clinic.

Note: Be especially cautious of video testimonials, podcast episodes, or social media posts where patients share outcomes such as weight loss, pain reduction, or improved mental health. These may likely be considered testimonials, which would not be permitted under the current regulatory framework.

Avoid misleading or unverifiable claims

Statements like “permanent weight loss,” “life-changing results,” or “achieve long-term health without hunger” may create unrealistic expectations and risk breaching AHPRA’s advertising standards. All claims must be backed by robust clinical evidence and should not overpromise outcomes.

Next Steps for Compliance

Service entities and independent practitioners should undertake a comprehensive audit of their websites, social media accounts, printed materials, and any third-party promotional platforms to identify and address non-compliant content. Investing in a clear compliance framework, supported by internal policies, training, and legal review, can provide peace of mind and prevent reputational and financial harm.

How You Legal Can Help

At You Legal, we understand the complexities of marketing within the health sector. We’ve helped countless clinics, service entities, and practitioners navigate AHPRA’s advertising regulations and build compliant strategies that support business growth. We have also assisted practices to understand any other linked risks they should be aware of, such as any unexpected payroll tax implications of their arrangements.

Whether you need a website content review, marketing policy framework, or advice on affiliate arrangements, we’re here to help. Our team offers a fresh approach to legal services, focusing on proactive guidance and risk prevention.

You can check our Fast Track Solution for an Advertising Framework here. If you’d like to chat further about your clinic’s current marketing compliance, you can contact our team here.

Marketing Independent Practitioners: Crucial Considerations for Practices