Transitioning to Online Programs for Health & Medical Professionals: Navigating Legal, Ethical, and Risk Management Waters

We often speak with health and medical professionals who have come to the realisation that they say the same thing to their patient’s day in day out and are interested in exploring the option of running online coaching programs that patients work though online. This is such an interesting space, presenting numerous opportunities, yet there are so many hesitations that health and medical professionals have. In response, we wanted to give you some guidance for those feeling like it’s an opportunity for them - if this sounds like you, read on!

In the rapidly evolving landscape of health, you are not alone in considering a shift: moving from traditional one-on-one therapy sessions to launching an online program. Many do this in conjunction with their one-to-one practice. This transition, while offering the potential of more income, freedom, and time, is fraught with legal, ethical, and risk management challenges that you might consider daunting. Yet, with the right guidance and strategies, you can navigate these issues successfully. There is the potential for transforming your career and, most importantly, expanding your impact on people’s lives around the globe.

Embracing Online Programs

The journey from traditional health or medical practice to the digital realm is not just a leap of faith; it is a strategic move towards what you may hope will be a more sustainable and rewarding practice. This digital transformation will hopefully allow you to reach a wider audience, offering programs that cater to various needs and niches. However, finding that
sweet spot—a niche that is not only rewarding but also profitable—requires careful consideration and planning. It is about identifying topics that resonate and sell, ensuring that these online offerings reflect integrity and professional standards.

The allure of online programs lies in their potential to fit snugly into your busy schedule, offering you a chance to enjoy the life you are creating without adding to your already full plate. It is understandably an attractive proposition with other health and medical professionals, considering that they are not just changing lives through one-on-one sessions but also the broader impact their online programs will have. This may also be
what appeals to you.

Legal and Ethical Considerations

As you venture into the online world, you will encounter a labyrinth of legal and ethical considerations. The fear of breaching regulations or ethical guidelines is real and is a considerable risk when you are challenging the status quo, with many of our clients who have taken this leap expressing concern over the potential repercussions of stepping out
of the traditional boundaries of their profession. As you already know, there are stringent advertising restrictions and privacy laws governing health and medical businesses, and the complexities of managing patient information and consent in an online setting can also present a challenge.

Being aware of these challenges from the outset is extremely important, and obtaining personalised advice to your specific situation is highly recommended. Familiarise yourself with the regulations set by your professional body and seek legal advice when the time is right. This proactive approach not only helps in navigating the legal landscape but also
helps to instil confidence as you expand your practice beyond the conventional setup.

Risk Management and Mitigation

As lawyers, we are always concerned with risk and always suggest that you take the approach to protect any business you start, even if it deviates from what you already do. From reading this point in the article, you already know that the transition to the online space is not without its risks. From data privacy concerns to the potential for misinterpretation of online content, you must be vigilant in managing these risks. Constructing a comprehensive risk management plan, one that includes understanding the specific risks associated with online programs, assessing their likelihood of occurring, and
implementing strategies to mitigate them will give you confidence as you embrace this style of service delivery.

One key strategy is the development of clear terms and conditions for online programs, including disclaimers and consent forms that outline the scope of the program and the boundaries of the relationship. These documents serve as a safeguard for both the therapist and the participants, ensuring expectations are clearly set and legal requirements are met. The lawyers drafting these documents will also have reference to the platform you are using, as it will have its own terms and conditions that should be considered (to ensure you are protected).

Different practitioners have different risk tolerances, as individuals generally vary in their willingness to embrace risk. Many opt for a conservative approach, setting up separate business entities to house their non-clinical work and minimise liability to their existing practice. Other practitioners may choose to integrate their online offerings within their
existing practice, accepting the risks as part of what many see as part of an entrepreneurial journey. Regardless of the chosen approach, the key is to make informed decisions that align with your professional values and risk tolerance.

Where to Next?

The transition to online programs for health and medical professionals is fraught with challenges but also filled with opportunities. By embracing innovation, navigating legal and ethical considerations with diligence, and implementing effective risk management strategies, you have a unique opportunity to expand your reach and impact. This is the best time in history to have a wider impact, however, you won’t be surprised to hear us advocate for the importance of seeking guidance, when you are embarking on this journey.

As you navigate these uncharted waters, you must remember that the shift to online programs is not just about business growth—it's about transforming lives, including your own. With the right tools and mindset, you can successfully transition to online programs, creating a more profitable, sustainable, and joyful practice that resonates with authenticity
and integrity.

While the path to launching an online program in the health or medical space may seem daunting, the rewards are immeasurable. We encourage you to step out of your comfort zone, armed with knowledge and support, to explore the vast potential of online programs. By doing so, you not only enhance your own professional development but also contribute to the broader goal of making your profession more accessible and impactful for people
around the world.

Considering implementing an online program for your practice? We suggest the first step you take is to get personalised legal advice from You Legal about regulatory issues that you will face. In that advice we will provide a road map of the protections you need to put in place and recommended next steps. If you have any other questions about this topic,
or anything else you need to protect yourself and your business, please don’t hesitate to contact our team here, and we will put you in touch with the best professional for your needs.

Want to learn more? Listen to Episode 87 of Therapist’s Rising with Dr Hayley Kelly’s Podcast here Sarah Bartholomeusz discusses the Legal 101 of Being a Therapist Entrepreneur. While the topics discussed are primarily directed toward therapists, the legal insights shared are relevant and valuable to all health and medical practitioners.