What you are allowed to do
The permitted side of the line is wider than most doctors assume, and a good deal of it is written down rather than inferred.
Formal announcements, named in the code
The same clause that forbids solicitation carries an express proviso listing announcements a practitioner is permitted to make in the press:
- On starting practice
- On change of type of practice
- On changing address
- On temporary absence from duty
- On resumption of practice
- On succeeding to another practice
- Public declaration of charges
That last one deserves attention. Publishing your fees is not merely tolerated, it is named. A clinic website that states its consultation charges is on firmer ground than one hiding them behind an enquiry form.
What an institution may publish
A separate provision deals with institutions rather than individuals. A maternity home, nursing home, private hospital, rehabilitation centre or training institution may advertise, but the content is capped: the name of the institution, the type of patients admitted, the type of training and other facilities offered, and the fees. Nothing beyond that.
Applied to a website, that still leaves you a great deal. Who you are, your qualifications and registration, what conditions you treat and how, where you are and how to reach you, when you are open, what it costs, and how to book. Patient education written as education sits on the same side of the line, which is the basis of everything in how we build websites for doctors and clinics.
Social media, which nobody wants to talk about
The 2002 code predates Instagram by eight years. It never mentions social media and it does not need to, because it applies to publicity through any mode. The same test covers a reel and a hoarding. The difficulty is that the format itself pushes you across the line.
A post explaining what a slipped disc is, who tends to get one and when it warrants a scan is patient education. The identical post ending with book your consultation today, limited slots this week is solicitation with education attached to the front of it. Nothing clinical changed. What changed is what the post is for.
A test that holds up
Take your practice name off the post. Does it still do something for the person reading it? If it does, it is education and your name on it is attribution. If the post collapses without the name, then the education was the wrapper and the name was the point.
Applied honestly, that test rules out most of what clinics currently post: procedure footage cut to music, patient reaction videos, before-and-after carousels, and giveaways that ask people to tag a friend who needs treatment. It leaves a great deal untouched. Explaining a condition. Correcting a misconception patients arrive with. Describing what a procedure actually involves. Answering the questions you answer ten times a week in consultation.
Three specifics come up constantly. Replying to a comment that asks which doctor is best for this by naming your own practice is indirect solicitation, in writing, on a public record. Paying to boost an educational post does not change what the post says, but it does make the post an advertisement, and it will be read as one. And an influencer collaboration is an endorsement whatever it is called on the invoice.