1. Purpose
This policy governs SMS/text messaging and related electronic communications between Dearborn EyeCare and patients or authorized representatives. It is designed to address HIPAA privacy requirements and applicable federal telephone/texting requirements, including the Telephone Consumer Protection Act (“TCPA”) and FCC rules.
2. What Messages May Be Sent
Subject to applicable consent, authorization, opt-out, and legal requirements, we may use text messages for operational and health-care communications such as appointment requests, confirmations and reminders; requests to call the office; limited care-coordination communications; prescription or eyewear notifications; referral or laboratory status notifications; patient portal notices; and other communications permitted by law.
We will not use this texting program to provide emergency care. Text messages are not continuously monitored and may not be reviewed immediately.
3. Marketing and Promotional Texts
Marketing, advertising, promotional, or other telemarketing texts are separate from ordinary patient-care/operational messages. We will not send marketing texts that require consent without obtaining the consent required by applicable law. A patient’s consent to receive appointment or care-related texts does not automatically constitute consent to receive marketing texts.
4. Consent to Texting
By providing a mobile telephone number and requesting or agreeing to receive text messages, a patient may authorize the practice to send applicable patient-care or operational texts to that number. Where a particular communication requires a higher level of consent under applicable law, the practice will obtain and document that consent.
Consent is not a condition of receiving medical care. Patients may choose other reasonable communication methods, subject to operational limitations.
5. HIPAA Privacy Safeguards
- We will use reasonable safeguards designed to limit unnecessary disclosure of PHI in text messages.
- Messages will generally contain only the minimum information reasonably necessary for the purpose of the communication.
- We may avoid including detailed diagnoses, test results, treatment information, or other sensitive clinical information in ordinary SMS messages unless an appropriate secure method or patient-requested communication is used.
- We will take reasonable steps to verify the mobile number provided and to associate it with the correct patient.
- Patients should recognize that ordinary SMS may not provide the same security protections as a dedicated patient portal or other secure platform.
6. Patient Responsibility and Shared Devices
Text messages may appear on a lock screen, shared device, family phone, vehicle display, smartwatch, computer, or other connected device. If a patient provides a number that is shared with another person or device, the patient should understand that others may see incoming messages. Patients should notify us if they do not want messages sent to a particular number or if the number is no longer under their control.
7. What We Will Not Put in Ordinary Texts
Except where legally appropriate and reasonably safeguarded, ordinary SMS messages should not be used to transmit full medical records, highly detailed clinical histories, payment-card information, passwords, Social Security numbers, or other unnecessary sensitive information. The practice may direct patients to a secure portal, telephone call, in-person visit, or other appropriate channel.
8. Response Times and Emergencies
Texting is not an emergency communication channel. Do not send urgent or emergency symptoms, requests for emergency care, or time-sensitive medical concerns by text. For an emergency, call 911 or go to the nearest emergency department. For non-emergency clinical questions, contact the office by telephone or use the secure communication method designated by the practice.
9. TCPA and FCC Compliance
SMS/text messages to wireless numbers may be subject to the TCPA and FCC rules. The practice will use consent and other compliance mechanisms appropriate to the type of message. Certain healthcare communications may qualify for regulatory treatment or exemptions only when specific conditions are satisfied; the practice will not rely on an exemption as a substitute for good compliance practices.
Where an applicable FCC rule requires specific conditions for a healthcare communication, including restrictions on content, frequency, identification, or opt-out handling, the practice will configure its messaging program accordingly.
10. Opt-Out and Revocation
A patient may withdraw consent for text messages at any time. Unless a particular texting platform or legal rule specifies another valid mechanism, patients may reply STOP to an automated text to request that future texts be stopped. Patients may also call the practice at 313-722-4702 or notify staff in another reasonable manner.
We will process opt-out requests as required by applicable law. Stopping texts may not stop communications that are legally required, cannot lawfully be withheld, or are sent through a different communication channel. If a patient opts out of SMS, we may use telephone, voicemail, postal mail, patient portal, or another agreed method.
11. Help and Message Frequency
Patients may reply HELP where supported by the texting platform or contact the practice at 313-722-4702 for assistance. Message frequency depends on the patient’s appointments, care, requests, and communication preferences. We will not send unnecessary repetitive messages.
12. No Marketing Through Operational Consent
Consent to appointment reminders or other patient-care communications will not be treated as blanket permission to send advertising or promotional messages. Marketing communications will be handled under the separate consent/authorization requirements applicable to those communications.
13. Third-Party Messaging Vendors
The practice may use a third-party messaging or electronic communication vendor. If the vendor creates, receives, maintains, or transmits PHI on behalf of the practice, the practice will use a Business Associate Agreement or other HIPAA-compliant contractual arrangement when required. Patients should understand that delivery of SMS necessarily involves telecommunications providers and technology outside the practice’s direct control.
14. Wrong Number, Reassigned Number, and Unauthorized Recipient
If we learn that a mobile number is wrong, reassigned, disconnected, or associated with an unauthorized recipient, we will take reasonable steps to correct or suppress the number. Patients should promptly notify us of changes to their contact information.
15. Records and Compliance
The practice may maintain records of consent, communication preferences, opt-out requests, and relevant message activity as part of its compliance and operational records. Such records may be retained according to applicable legal, regulatory, and practice retention requirements.
16. Patient Acknowledgment / Consent Language
The following language may be used as a patient-facing consent acknowledgment when appropriate:
“I authorize Dearborn EyeCare to send me text messages at the mobile number I provide for appointment scheduling, confirmations, reminders, and other patient-care or operational communications described in the practice’s Text Messaging & Electronic Communication Policy. I understand that standard text messaging may involve privacy risks and that I may opt out at any time by replying STOP when available or by contacting the practice at 313-722-4702. I understand that text messaging is not for emergencies and that I may request another reasonable communication method. I understand that this consent does not constitute consent to receive marketing or promotional text messages.”
17. Contact Information
For questions, consent changes, privacy concerns, or opt-out requests:
Dearborn EyeCare
32788 Five Mile Rd, Suite 3, Livonia, MI 48154
Phone: 313-722-4702
Fax: 313-722-4743
Email: management@dearborneyes.com
Website: www.Dearborneyes.com
18. Implementation and Legal Review
This policy is a practice template and should be reviewed by qualified healthcare/privacy counsel before implementation. The practice should configure its texting vendor to preserve consent records, honor STOP and other revocation requests, avoid sending PHI to opted-out or invalid numbers, maintain appropriate audit records, and separate marketing campaigns from patient-care messaging.
Primary legal references used in preparing this template:
TCPA, 47 U.S.C. § 227; FCC rules under 47 CFR § 64.1200; FCC healthcare-call/texting rules and related orders; HIPAA Privacy and Security Rules, 45 CFR Parts 160 and 164; and applicable Michigan privacy and medical-record requirements
