Can Health Coaches Use Client Lists from Previous Employers to Build A Client Base?
As a health coach, building a client base is key to growing your business, and having a list of clients or patients you have already worked with from a previous job may seem like an easy way to kickstart your practice. But using a list from a former employer is a potential legal and ethical minefield. Here's what you need to know:
Who Owns the Client/Patient List?
In most cases, the patient or client list you worked with at your previous job belongs to your employer, not you. This is true whether you worked at a medical practice, wellness center, or any other organization.
Patient or client lists are considered valuable business assets, and employers often take significant steps to protect them. These lists may even be classified as trade secrets under laws like the Uniform Trade Secrets Act (UTSA). Trade secrets are confidential business information that gives a company a competitive advantage, and taking or using them without authorization can lead to legal action.
HIPAA Considerations
If your previous employer was a healthcare provider or a covered entity under HIPAA (the Health Insurance Portability and Accountability Act), patient information is protected as Protected Health Information (PHI). Using patient information for your own purposes without consent would likely violate HIPAA, exposing you to penalties and fines.
HIPAA strictly regulates how PHI can be accessed, used, or disclosed. Unless patients have explicitly authorized you to use their information for your independent coaching business, you cannot legally contact them based on PHI obtained during your employment.
State Privacy Laws
Beyond HIPAA, state privacy laws may impose additional restrictions. For example, laws in states like California (under the California Consumer Privacy Act) and others often include strict requirements for handling and sharing personal information. These laws can apply even if HIPAA does not.
Contractual Obligations
When you joined your former employer, you may have signed a contract that included confidentiality or non-solicitation clauses. These clauses are common and typically prevent employees from:
Using confidential business information (such as patient lists) for personal gain.
Soliciting patients or clients of the employer for a specific period after leaving.
Violating these agreements can lead to lawsuits, fines, or other penalties, even if no formal HIPAA violation occurs.
What Can You Do Instead?
While directly using a patient list is likely off-limits, there are ethical and legal ways to build your client base:
Start Fresh with Ethical Marketing
Promote your coaching services online, through social media, or via community events. Focus on creating content that attracts your ideal clients and helps them find you organically.Leverage Relationships (Without Soliciting)
If you built relationships with patients or clients during your employment, they may reach out to you on their own—without any prompting on your part. In these cases, ensure you handle their information responsibly and obtain explicit consent before coaching them.Ask for Referrals
If your previous employer is supportive, consider asking if they’d be willing to refer clients to your health coaching business. This approach avoids ethical issues while maintaining a positive professional relationship.
What’s Next?
Using a patient or client list from a previous employer may seem like a shortcut, but the potential legal and ethical consequences far outweigh the benefits. Instead, focus on building your business in ways that respect patient and client privacy and your former employer’s rights.
If you’re unsure about how to navigate these complexities or need help drafting contracts and policies for your health coaching business, check out the resources available at The Integrative Lawyer. From customizable contracts to educational courses, we’re here to help you protect your business and grow with confidence!
