Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Do You Need A Telehealth Consent Form In Australia?
- How Should Telehealth Privacy Consent Work?
- Do You Need Separate Telehealth Terms For Clinics?
- How Should Your Form Handle Emergencies And Clinical Risk?
- What Records Should You Keep For Online Consultations?
- How Do You Get Valid Consent Online?
- Common Mistakes To Avoid
- Key Takeaways
Offering telehealth appointments can make your allied health clinic more accessible, flexible and efficient. It also changes the way you collect consent, manage privacy and set expectations with patients.
If you're seeing patients online, a standard intake form or clinic terms may not be enough. Your telehealth consent form should explain what online care can and can't do, how you'll confirm the patient's identity, what happens in an emergency, and how you'll collect and store health information.
The good news is that this doesn't have to be complicated. A clear, practical consent process can protect your clinic while helping patients feel comfortable before their appointment starts.
Do You Need A Telehealth Consent Form In Australia?
Yes, if your allied health clinic offers online consultations, you should have a telehealth consent form or a clear telehealth consent process.
Consent is a key part of providing health services. For telehealth, you need to make sure the patient understands that the consultation is happening remotely and agrees to the way the service will be delivered.
Your consent process should cover both clinical consent and a clear privacy consent form process. That means your patient should understand:
- what the telehealth appointment involves
- the limitations of assessing or treating them remotely
- what technology will be used
- how their personal and health information will be collected, used and stored
- when you may need to share information with another practitioner, emergency contact or health service
- what they should do if they need urgent care
For example, say you run a physiotherapy clinic in Melbourne and offer video appointments for injury management. Your patient should know that you may be able to assess movement and give exercise guidance online, but you may not be able to perform hands-on testing, manual therapy or a full physical assessment. That needs to be clear before the session begins.
A signed form is helpful, but consent isn't just a signature. Your process should give patients a real chance to read the information, ask questions and choose whether to proceed.
What Should An Allied Health Telehealth Consent Form Include?
Your telehealth consent form should include the practical details a patient needs to make an informed decision about using your online service.
For most allied health clinics, this means covering the following points.
Patient Details And Identity Checks
Your form should collect enough information to identify the patient and match the consultation to the correct clinical record.
This may include:
- full name
- date of birth
- contact details
- address or location at the time of the appointment
- emergency contact details
- Medicare, private health or insurer details if relevant to your billing process
- parent, guardian or authorised representative details, including any parental consent details if the patient is a child or doesn't have capacity to consent on their own
You should also explain how your clinic will verify the patient's identity. For example, you might ask the patient to confirm their full name, date of birth and current location at the start of each video appointment.
Consent To Receive Services By Telehealth
Your form should make it clear that the patient agrees to receive the service by phone, video or another online method.
It should also say whether the appointment may involve:
- video conferencing
- telephone consultations
- secure messaging
- sending images, documents or health information online
- screen sharing or digital tools used during the session
If you use different platforms for different services, name them in plain English or describe the type of platform you use. Your patient shouldn't have to guess whether they're consenting to a phone call, a video appointment or an app-based service.
Clinical Limitations
This is one of the most important parts of a telehealth consent form. You should explain that telehealth may not be suitable for every patient or every condition.
Depending on your profession, the limitations might include:
- you can't physically examine the patient in the same way you could in clinic
- you may not be able to assess pain, mobility, strength, skin changes or symptoms as accurately online
- the quality of the assessment may depend on the patient's camera, internet connection, lighting and environment
- you may need to stop the appointment and recommend an in-person consultation
- you may need to refer the patient to another health practitioner or emergency service
For example, Mia runs a speech pathology clinic in Perth. Her clinic offers telehealth sessions for children, but the consent form explains that a parent or carer may need to be present, the child needs a quiet space, and some assessments may still require an in-person session.
Patient Responsibilities
Your form should also explain what the patient needs to do for the appointment to work safely.
This may include asking the patient to:
- be in a private, safe and well-lit space
- use a reliable internet connection
- tell you their current physical location at the start of the session
- have a support person present if needed
- tell you if someone else is in the room
- not record the consultation without consent
- tell you if their symptoms change or they feel unsafe
These details might feel operational, but they matter. If a patient is doing a movement assessment in a crowded room or taking a psychology session where someone else can hear them, that can affect both safety and privacy.
How Should Telehealth Privacy Consent Work?
Telehealth privacy consent should clearly explain how your clinic collects, uses, stores and shares personal information and health information.
In Australia, health information is treated as sensitive information under the Privacy Act 1988. Many health service providers need to comply with the Australian Privacy Principles, even if they're small businesses. State and territory health records laws may also apply, depending on where your clinic operates and where your patients are located.
Your telehealth consent form doesn't replace your Privacy Policy, but it should connect with it. The form can give patients a clear summary and point them to your clinic's full privacy information.
Your privacy consent wording should cover:
- what information you collect before, during and after the appointment
- why you collect it
- how you store clinical notes, recordings, images and documents
- whether you use third-party platforms, booking systems or practice management software
- who may access the information within your clinic
- when information may be shared with referrers, GPs, insurers, support coordinators, parents, guardians or emergency services
- how patients can request access to or correction of their information
If your clinic records telehealth sessions, you should get clear and specific consent before recording. Don't bury this in general terms. Tell the patient why you want to record, who will access the recording, where it will be stored and how long you'll keep it.
You should also think about data security. If you collect health information through online forms, email, video platforms or patient portals, your clinic needs suitable systems for access controls, passwords, staff permissions and secure storage. If an eligible data breach occurs and it's likely to result in serious harm, the Notifiable Data Breaches scheme may require you to notify affected individuals and the Office of the Australian Information Commissioner.
Do You Need Separate Telehealth Terms For Clinics?
Usually, yes. A consent form deals with the patient's agreement to receive telehealth services, while telehealth terms set the commercial and practical rules for using your clinic's online service.
You may include your telehealth terms for allied health services in the same document as the consent form, or you may use separate documents. What matters is that the patient can easily read and accept the terms before the appointment.
Your telehealth terms may cover:
- appointment bookings and confirmation
- fees, gap payments and private billing
- cancellations, late arrivals and no-shows
- rebates or third-party funding, if relevant
- technology requirements
- what happens if the video connection fails
- refunds or rescheduling if the appointment can't go ahead
- patient behaviour during online appointments
- use of images, documents or home exercise programs
- limits on using your materials outside the patient's own care
The Australian Consumer Law also matters here. Your terms shouldn't mislead patients about what the service can deliver, and they shouldn't try to remove rights that can't be excluded under consumer law.
For example, if your website says your online program will fix back pain in two weeks, that may create a misleading impression if you can't support that claim. A better approach is to describe the service accurately and avoid promises your clinic can't guarantee.
Templates can be a starting point, but telehealth documents work best when they match your actual services, billing process, software and clinical workflow. A dietetics clinic, psychology practice and occupational therapy provider won't all need the same wording.
How Should Your Form Handle Emergencies And Clinical Risk?
Your telehealth consent form should tell patients what telehealth can do in an emergency and, just as importantly, what it can't do.
Telehealth isn't a substitute for emergency care. If a patient has urgent symptoms, is at immediate risk or needs hands-on clinical assessment, your form should direct them to contact emergency services or attend an appropriate health facility.
Your process should also help your practitioners respond if something goes wrong during the appointment.
Consider including:
- a requirement for the patient to provide their physical location at the start of each session
- an emergency contact for the patient
- permission to contact emergency services or a nominated person if there's a serious risk to safety
- guidance on when the practitioner may end the telehealth session and refer the patient elsewhere
- a statement that telehealth may not be appropriate for all symptoms, conditions or situations
This is especially important for psychology, counselling, disability support, paediatric therapy and any service where the patient's safety, capacity or home environment may affect care.
Your clinic should also train staff on the process. A good form helps, but your team needs to know what to do if a patient becomes distressed, the connection drops during a risk discussion, or the patient is in a different location from the one on file.
What Records Should You Keep For Online Consultations?
You should keep enough records to show what consent was given, what service was provided and what clinical decisions were made.
For each telehealth appointment, your records may include:
- the signed consent form or electronic acceptance record
- the date and time consent was given
- the version of the terms or consent form accepted
- the patient's identity check
- the patient's location at the time of the session
- clinical notes from the consultation
- any referrals, care plans, images, exercises or documents shared
- any technical issues or interruptions
- any decision to recommend in-person care or urgent care
Electronic signatures, tick boxes and online form submissions can all work, as long as your system records what the patient agreed to and when. If you change your telehealth terms, keep a copy of earlier versions so you can check what applied at the time of a particular appointment.
Record retention rules can depend on your profession, funding arrangements and state or territory laws. As a practical guide, many health record laws and professional standards refer to keeping adult health records for at least 7 years from the last entry, and children's records until they turn 25. Check the rules that apply to your clinic before setting your retention policy.
If your practitioners are registered with the Australian Health Practitioner Regulation Agency, you should also make sure your telehealth process lines up with any relevant professional board guidance and codes of conduct.
How Do You Get Valid Consent Online?
You can get valid consent online if the patient receives clear information, has a genuine choice and takes a clear action to agree.
For many clinics, this means using an online form before the first telehealth appointment. You might also ask the practitioner to confirm key points verbally at the start of the consultation.
A practical consent flow may look like this:
- The patient books a telehealth appointment through your website or reception team.
- Your clinic sends the patient your telehealth consent form, privacy information and telehealth terms.
- The patient confirms their details, provides emergency contact information and accepts the terms.
- Your system records the date, time and version of the accepted documents.
- At the start of the appointment, the practitioner confirms the patient's identity, location and whether anyone else is present.
- The practitioner checks whether telehealth is clinically appropriate for that session.
For children, NDIS participants, patients with cognitive disability or patients who need support to make decisions, the right consent process, including any NDIS consent form process, depends on the patient's circumstances. You may need parent, guardian, nominee, plan nominee or supported decision-making arrangements. If you're unsure, get tailored advice before relying on a standard form.
You should also think about language and accessibility. If your patients may have low English literacy, hearing difficulties, vision impairment or disability-related communication needs, a dense legal form won't do the job. Use plain language and give patients a way to ask questions before they consent.
Common Mistakes To Avoid
The biggest mistake is treating telehealth consent as a one-line checkbox. A checkbox can help record consent, but it doesn't explain the real risks and expectations.
Other common issues include:
- Using the same form for every service: Different allied health services have different clinical limits. Tailor the form to your clinic.
- Forgetting identity and location checks: If you don't know who you're treating or where they are, it can be harder to manage clinical risk.
- Not dealing with emergencies: Your team should know when telehealth isn't suitable and what to do if urgent help is needed.
- Collecting health information without clear privacy wording: Health information is sensitive, so be clear about collection, use, storage and disclosure.
- Making broad promises online: Your website and terms should describe your service accurately and avoid guaranteed results.
- Not keeping evidence of consent: If a dispute or complaint comes up later, you may struggle to show what the patient agreed to.
Getting this right early can save your clinic a lot of back and forth later. It also gives your practitioners a clearer framework for deciding when telehealth is appropriate and when an in-person appointment is safer.
Key Takeaways
- A telehealth consent form should cover both clinical consent and privacy consent.
- Your form should explain the limits of online assessment, including when in-person or urgent care may be needed.
- Identity checks, patient location and emergency contact details are key parts of a safe telehealth process.
- Health information is sensitive information, so your privacy wording and data handling processes need to be clear.
- Telehealth terms should deal with bookings, fees, cancellations, technology issues and patient responsibilities.
- Your records should show what the patient agreed to, when they agreed, and what happened during the consultation.
If you'd like help with your telehealth consent forms, privacy wording, online appointment terms or clinic record keeping process, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.







