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Patient Photography Consent in Aesthetic Clinics: Rules, Do’s and Don’ts (Canada)
Quick answer: Before-and-after photos taken for care are part of the patient’s record, but using them in marketing is a different purpose that needs separate, express consent. In Ontario, health information custodians need express consent to use personal health information for marketing [1], and the CPSO’s advertising policy adds that physicians must obtain express consent to the specific use, ask only after the service is provided, tell the patient they can withdraw at any time, offer no incentives and never display the images where the public is likely to see them unsolicited [2]. Images must be accurate and not manipulated [3]. Other regulators apply similar rules, so check your own college.
Clinics search for “before and after photo consent form medical spa requirements” and “clinical photography and social media”. This guide replaces an earlier US-centred version and focuses on Ontario and Canadian regulator sources. It is general information, not legal advice, and is current to October 2026.
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Which rules apply to patient photos in Canada?
- Privacy law. In Ontario, the Personal Health Information Protection Act (PHIPA) generally requires consent to collect, use or disclose personal health information, and express consent is required when it is used for marketing or market research [1].
- Professional advertising rules. The CPSO policy sets conditions for before and after photos in physician advertising [2], and the Medicine Act General Regulation prohibits testimonials and references to specific drugs, appliances or equipment in physician advertising [3].
- Federal drug advertising rules. When a prescription drug is advertised to the public, representations are limited to the brand name, proper name, common name, and price and quantity [4].
- Other colleges. The College of Denturists of Ontario, for example, requires express consent and removal of photos if consent is withdrawn [5], and Newfoundland and Labrador’s physicians’ college requires prior written consent [6]. Nurses and other professionals should check their own college’s advertising and privacy expectations.
What the CPSO says about before and after photos
Under the CPSO policy, physicians must not display before and after photos or videos in advertisements where members of the public are likely to see them unsolicited. They may be used where prospective patients seek them out, such as a clinic’s website or social media page, without targeting or promotion [2][3]. The policy also expects that the images:
- provide accurate and educational information and portray a fair and reasonable outcome;
- have not been manipulated to misrepresent results;
- are used only with the patient’s free and informed consent, obtained after the service is provided, with no incentives, and with a clear statement that consent can be withdrawn at any point [2][3].
What a photo consent form should include
Keep the photo consent separate from the treatment consent (see consent forms and liability). A practical form states:
- the purpose of each use (clinical record, education, advertising);
- where images may appear (website, social media, print, conferences), with a separate tick box for each;
- whether the patient may be identifiable, and who will see the images;
- how long the consent lasts, and how to withdraw it;
- that treatment does not depend on agreeing, and that no payment or discount is offered for consent;
- how images are stored and who has access.
Do’s and don’ts
Do use consistent lighting, background, distance and pose so comparisons are fair; keep images unedited; remove files promptly when consent is withdrawn; and keep files in secure storage with no patient names in file names.
Don’t retouch images, use patient selfies that are not comparable, push posts to people who did not seek them out, or ask for marketing consent before treatment.
Myth vs fact
Myth: Verbal consent is never enough.
Fact: PHIPA allows express consent to be given verbally or in writing [7], but some regulators require written consent [6], and you must be able to show it was given. Written, specific consent is the safe approach.
Myth: Once given, consent can’t be withdrawn.
Fact: The CPSO policy requires telling patients they can withdraw consent to use of their photos at any point [2], and the Denturists’ guide expects removal on withdrawal [5].
Myth: Photos for the chart and photos for marketing are the same thing.
Fact: Marketing is a separate purpose that needs express consent [1][2].
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FAQ: patient photography consent
What does a before and after photo consent form need for a medical spa?
Specific uses and platforms, duration, how to withdraw, no incentives, and confirmation that the patient was asked after treatment [1][2].
Can I post before and after photos on social media?
Physicians in Ontario may post them on their own pages where prospective patients seek them out, provided the policy conditions are met, but not in promoted or targeted ads [2][3]. Other professions follow their own regulators’ rules.
Can a patient opt out later?
Yes. Patients must be told they can withdraw consent at any point [2].
Who owns the photos?
The clinic typically holds the record, but its use is limited by the patient’s consent and by privacy law, so use beyond the stated purposes is not permitted [1][2].
Do I need consent for photos used only in the chart?
Photos taken as part of care form part of the clinical record and are covered by the treatment consent process, but explain that they are taken [1].
Related reading
References
- Information and Privacy Commissioner of Ontario. Consent and your personal health information. ipc.on.ca
- CPSO. Advertising policy. cpso.on.ca
- CPSO. Advice to the profession: Advertising. cpso.on.ca
- Justice Canada. Food and Drug Regulations, section C.01.044. laws-lois.justice.gc.ca
- College of Denturists of Ontario. Guide to the standard of practice: Advertising. denturists-cdo.com
- College of Physicians and Surgeons of Newfoundland and Labrador. Standard of practice: Advertising (2021). cpsnl.ca
- Information and Privacy Commissioner of Ontario. Consent and your personal health information (forms of express consent). ipc.on.ca
Updated October 2026. Privacy and advertising rules change; confirm them with your college and a lawyer.