You would ideally want to obtain prior express consent in order to send text messages to your patients. However, there may be limited exceptions (as described below) where prior express consent may not be required.
Text messaging is covered under the Telephone Consumer Protection Act (TCPA) and enforced by the Federal Communications Commission (FCC). Per the TCPA, you must have written consent before you text advertising or marketing materials to patients; however, medical messages are exempt, in certain situations, from the written consent rule. For questions about these regulations, always confer with your attorney. The information contained herein should not be construed as legal advice.
Written consent can be part of your welcome packet, either hard-copy or electronic form; all that matters is the patient signs on the line to receive marketing information via text message. Marketing messages may include:
Advertisements for new services
Solicitations to events
Special offers
Accounting messages also require consent under the TCPA. Examples of accounting messages may include:
Accounting notifications
Billing information
Collection messages
On the other hand, if the patient has provided you with their phone number, in some situations, that is considered patient consent, and you may be able to text them information without express consent so long as the need for the message is exigent in nature, meets certain legal requirements, and pertains to their health. Medical messages that could possibly qualify under the exemption may include:
Appointment reminders
Appointment confirmation messages
Post-op or home healthcare instructions
Post-discharge information
Results from the lab
Prescription notifications
Much like HIPAA, OSHA, and other regulations, it's important to understand what is required and put the proper systems in place to ensure your team and patients are protected.