What are the best practices for obtaining and documenting patient consent for social media use?

2 Know the relevant laws and guidelines

You are responsible for complying with the laws and guidelines that govern patient confidentiality and consent in your jurisdiction and practice setting. These may include federal and state laws, such as the Health Insurance Portability and Accountability Act (HIPAA), as well as professional codes of ethics, such as the American Medical Association (AMA) Code of Medical Ethics. You should familiarize yourself with the specific requirements and limitations that apply to your situation and consult your legal counsel if you have any doubts or questions.

3 Obtain informed consent from your patient

You must obtain informed consent from your patient before you post any content that identifies them or reveals their personal health information on social media. Informed consent means that your patient understands the purpose, scope, and implications of your social media use and agrees to it voluntarily and without coercion. You should explain to your patient what you intend to post, where you will post it, who will see it, how long it will stay online, and how they can withdraw their consent or request removal. You should also inform your patient of the potential benefits and risks of social media exposure, such as positive feedback, negative comments, or privacy breaches.

5 Respect your patient's preferences and rights

You should respect your patient's preferences and rights throughout your social media use and beyond. You should follow their wishes regarding the type, amount, and format of information you share, as well as the level of anonymity or recognition they desire. You should also respect their right to change their mind, withdraw their consent, or request removal of the content at any time. You should respond promptly and courteously to their requests and take reasonable steps to delete or modify the content as soon as possible.

6 Review and update your social media use regularly

You should review and update your social media use regularly to ensure that it remains consistent with your patient's consent, your professional standards, and your legal obligations. You should check for any changes in the laws or guidelines that affect your social media use and make adjustments accordingly. You should also review the content you posted and the feedback you received and assess whether they are still relevant, accurate, and appropriate. You should remove or update any content that is outdated, inaccurate, or misleading, or that no longer reflects your patient's consent or condition.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?