Consent and Compliance for Before/After and Patient Photo Content
Every clinic owner knows a good before/after photo does more selling than a month of blog posts. It's also the content most likely to land you in genuine trouble if the consent behind it is sloppy — a rushed "yeah that's fine" from a patient heading out the door isn't consent, it's a liability sitting in your camera roll. This post is entirely about the photo side of clinic marketing: what proper consent looks like, what it needs to cover specifically for marketing use, and how to caption without giving away who someone is. We're not touching testimonials here — for AHPRA-registered professions that's a separate conversation with its own rules. This is just about images, done properly, so your best clinical work can actually be seen 💖 without putting a patient's privacy or your registration at risk.
What most clinics get wrong
Most clinics treat photo consent as a box-tick that happens once, verbally, in the treatment chair — usually right after a procedure, when the patient is relieved, a bit dazed, and inclined to agree to almost anything. That's the worst possible moment to ask, and it isn't the same consent as agreeing to the treatment itself. Clinical consent covers the procedure. Marketing consent has to separately cover where the image goes, for how long, who sees it, and whether the patient can change their mind later.
The other common mistake is captioning. A clinic will de-identify the face correctly, then write a caption that gives everything away anyway — "our lovely patient from [suburb] who came in last Tuesday for her smile makeover" tells anyone who knows that patient exactly who it is, cropped face or not.
Plain-English photo consent form — headings to build from
1. Patient identification and treatment reference, linking the photo to the specific visit and kept in clinical records
2. A separate statement that this is consent for marketing use, distinct from consent to treatment
3. Where the image may be used — website, Instagram, Facebook, GBP, print, third-party ads — named individually, not "social media" as a catch-all
4. How the patient will or won't be identified — full face, cropped, name used or not, suburb mentioned or not
5. How long the consent lasts and whether it needs renewing
6. How to withdraw consent — a plain-English line telling the patient who to contact and what happens next, including a takedown timeframe
7. Signature, date, and staff witness
8. A copy goes to the patient, not just the clinic file
Keep this as its own document, not a clause buried in general treatment consent — a patient should be able to say yes to treatment and no to marketing without the two decisions getting tangled.
What this looks like in practice
How to run this without it becoming a bottleneck
Build the consent conversation into a specific appointment — for most clinics, the review or discharge visit, when the patient has seen the result and isn't mid-procedure. Keep a simple register, even a spreadsheet, logging which patient, which image, which platforms, and the consent expiry date, so nothing gets posted on a form nobody can find, and nothing stays up past what was agreed.
Assign one person to check that register before anything goes out — not the person editing the photo, but someone whose job includes confirming the paperwork exists before the post goes live. That single checkpoint stops the most common failure: a lovely photo, a proud clinician, and no signed form behind it.
Mistakes to avoid
- Asking for consent verbally in the treatment chair instead of in writing, away from the moment of the procedure.
- Reusing general treatment consent forms instead of a separate, specific marketing consent document.
- De-identifying the face but not the caption — suburb, day, or first name can undo a cropped photo instantly.
- Never revisiting consent for images used long-term, especially in ads that keep running past the original agreement.
- Having no documented process for a patient to withdraw consent later.
Frequently asked questions
Is a verbal "yeah, go for it" enough consent?
No. For marketing use specifically, written consent is the standard to work to — it's clearer for the patient, and it's the only version you can actually point to later if a question comes up.
Do we need consent again if we reuse an old photo in a new ad campaign years later?
This is worth checking properly rather than assuming — consent given for a specific use and timeframe doesn't automatically extend indefinitely, and current guidance on this is worth confirming directly rather than relying on old paperwork.
Can we post before/after photos without showing the face at all?
Yes, and for some clinics, cosmetic and skin especially, that's the safer default. But body shape, tattoos, scars, or setting can still identify someone even with the face cropped out, so de-identification needs more thought than avoiding the face alone.
What's the actual difference between clinical consent and marketing consent?
Clinical consent covers the treatment itself and clinical risk. Marketing consent covers where an image of that treatment gets used publicly, for how long, and who sees it — they answer different questions and shouldn't be combined into one signature.
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