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May 2008

Cyber-standards’ for doctors How to keep your Web site free from legal entanglements

We’ve all heard the saying, “If you don’t like the weather, just wait a minute and it will change.”

That adage can be applied as well to the developments in technology over the past 10 years — particularly, the expansion of the Internet as it has become part of our daily lexicon.

That change has opened the door for thousands of people to access a wealth of information. Healthcare providers in many different specialties are facing questions about how best to use this extremely powerful form of communication to expand their practices and communicate with current and potential patients.

In many respects, the Internet is much like our vision of the “Wild West.” From a legal standpoint, rules and regulations governing Internet usage are still developing. The issues receiving the most attention from regulators involve financial transactions, privacy and decency.

Copyright infringement is becoming a more settled area, particularly in the wake of court decisions to shut down Napster, the Internet music file-sharing service. But there are still many open questions to be answered before Internet law and associated regulatory standards are in final form.

Still, with these uncertainties, building a Web site to enhance communication via e-mail to your patients or others who visit your site can be a very powerful mechanism to strengthen your practice. If you choose to create a Web site, here are some simple standards to follow:

• Hire a reputable Web-design consultant. This may seem obvious — however, it can be very important to both the security of your site and its conformity with laws and regulations. Look for a professional who is well versed in such issues and can assist you in setting up your site in a hassle-free way.

• Do not discuss a patient’s medical history in e-mail or on your Web site. Another no-brainer, right? Maybe. However, it is very wise to be aware of the continually growing wave of federal and state laws regarding the treatment

of personal medical information. Even though your intentions will only be to help the individual making the inquiry, it is always better to address specific health issues in your office.

• Include appropriate disclaimers. Creating a Web site for your business is an important step into the world of e-commerce. Make certain that you include appropriate legal disclaimers on your site. Check with an attorney who has expertise in the area of Internet law to help develop these statements.

• Include a privacy statement. This may be the most important of the disclaimer statements that you include on your site. An experienced Web-site developer or attorney should be able to assist you in reviewing your site to be sure that issues related to privacy are addressed.

• Pay special attention to e-mail disclaimers. If you do communicate via e-mail with visitors to your Web site, include a disclaimer indicating that the message is intended only for the addressed recipient. As is noted previously, do not discuss individual health information via e-mail.

• Get permissions. In an attempt to provide visitors to your site with the latest medical information regarding chiropractic techniques, procedures or practice, you may desire to post articles and information found on other Web sites or in professional journals. Be certain to secure appropriate permissions before posting any article or information on your site.

• Be aware of rules governing electronic transactions. If you market any products over the Internet and accept payment through your Web site, be aware of how your state addresses electronic transactions. You may be liable for certain sales taxes.

Using the Web as a way to advertise your practice can open new opportunities. However, the legal and regulatory issues surrounding its use are still being determined. Be aware of how you use e-mail and the Web, and follow simple procedures to make certain that your Web site is in compliance with current legal standards.

Mark Raymie is compliance manager for NCMIC Group, Inc. NCMIC provides malpractice protection for more than 50 percent of the chiropractic profession and offers an array of diversified financial services. For more information, call 800-769-6000, ext. 349.

This article is not intended for the purpose of dispensing legal advice. Please consult your attorney regarding any legal issue related to your practice.

 

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