Skip to main content

Texting Patients the Right Way: TCPA Compliance & Consent

texting, TCPA, patient consent, compliance, marketing-messages, medical-exemption

Kyle Davidson avatar
Written by Kyle Davidson
Updated this week

✨ When You Need This Guide

Use this guide if you're wondering things like:

  • Can I text patients about appointments without written consent?

  • Do I need permission to send billing reminders or promotions?

  • What counts as a “medical message” under the law?

  • Is a patient phone number enough to start texting them?

  • How do I stay compliant with text message marketing rules?

This article helps you understand the Telephone Consumer Protection Act (TCPA) and what types of messages require written consent from patients.

❗ This article is informational only and not legal advice. For legal questions, we always recommend speaking with your attorney.


📋 What You’ll Need to Know First

You’ll want to check how your practice collects patient phone numbers and what they’re agreeing to when they sign forms.

You must have written permission to text marketing or accounting messages. But for certain medical messages, if the patient has given their number, written consent may not be required.


✅ How to Stay Compliant with Text Messaging

  1. Know the types of messages you're sending
    All patient texts fall into three categories:

    • Marketing messages

    • Accounting messages

    • Medical messages (some may be exempt from written consent)

  2. Get written consent for marketing and accounting messages
    Written consent can be included in a welcome packet—either physical or electronic. The key is that the patient signs and agrees to receive texts.

    Marketing messages include:

    • Service advertisements

    • Event promotions

    • Discounts and special offers

    Accounting messages include:

    • Billing notifications

    • Balance updates

    • Payment reminders or collections

  3. Understand when you don’t need written consent
    If a patient has given you their phone number, certain medical messages may not require written consent, as long as they meet legal criteria.

    These types of medical messages may qualify:

    • Appointment reminders

    • Confirmation texts

    • Prescription notifications

    • Post-op or follow-up care instructions

    • Discharge notes or test results

    ⚠️ The message must be directly related to the patient’s care or health and sent in a timely manner to qualify for the exemption.

  4. Put the right systems in place
    Just like with HIPAA or OSHA rules, compliance means training your team and using smart systems to protect both your practice and your patients.


🎉 You'll Know You're Doing It Right When:

  • You collect patient signatures for any text-based marketing or billing.

  • Your appointment reminders and care updates are timely, patient-focused, and non-promotional.

  • You feel confident your texting strategy protects your patients and keeps your practice legally sound.


💬 Need Help? We're Here!

Still unsure or want help setting up compliant workflows?
Email Support@reviewwave.com or call 1-800-563-0469 — we’re happy to walk through it with you!

🔗 Related Article: Is Aloha HIPAA Compliant?

Did this answer your question?