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SMS Compliance Updates

In alignment with guidelines set forth by the FCC, FTC, and carrier regulations governing text message communications with prospects and patients, certain updates have been implemented within MDprospects’ text messaging system.

What is new?

»    SMS phone numbers within MDprospects are officially registered to the respective practice. This registration fosters a sense of trust among network carriers and acts as a preventive measure against potential message-blocking.

»    Auto-texts will be sent when a user has been manually subscribed or unsubscribed or has replied Y/Yes, S/Stop or Help.

Note: This is a required function to be in compliance.

»    Direct Reply SMS will only be available if the prospect has consented by replying Y/Yes or has been manually subscribed by the user.

Note: User will be required to notate how they obtained consent and a log will be kept.

What if I have already been communicating with someone via text who is showing ‘Consent to Text Not Confirmed’?

You will need to manually subscribe the person and document the consent method.

Is obtaining consent on my website sufficient?

MDprospects requires double opt-in to communicate with prospects and patients via text messaging. Once a person has given consent on the website, a confirmation message is sent with instructions on how to complete the opt-in process (reply Y or Yes).

Double opt-in is considered a best practice in SMS marketing and communication because it helps reduce the risk of sending messages to individuals who didn’t knowingly agree to receive them.

What is considered Protected Health Information (PHI) that should not be communicated via text?

In general, this is any information personally identifiable to the patient, including full name, DOB, address, email address, phone number, and any diagnostic or treatment information. If you are unsure if something is considered PHI, it is recommended that you consult your practice HIPAA Compliancy Officer/Representative.

What laws govern SMS compliance in the United States?

SMS compliance in the U.S. is governed by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). Key regulations include the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non- Solicited Pornography And Marketing (CAN-SPAM) Act. In Canada, SMS marketing is regulated by the Canadian Anti-Spam Legislation (CASL).