Clinical Program Text Consent

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Last updated: Jan 10, 2022
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At Penn Medicine, the Privacy Office has given us guidance on who we can text and how to capture consent from patients via text message.

General Guidance

In all texting programs (without informed consenting), follow these guidelines:

  • In the initial text message:

    • Add a description on how to opt-out easily. (Ex: “Text BYE to opt out of this text messaging program.”)

    • Disclosure that text messaging and data rates may apply.

  • If PHI is shared by Penn Medicine, disclose in the initial text that texting is not 100% secure.

  • Limit PHI in text messages. (Ex: “your surgery” instead of “your ACL procedure”.)

Text Consent Options

Based on the program’s workflow, you have a few options you can choose from to get consent from patients to be enrolled and texted:

Opt-Out (Recommended)

Patients are consented verbally by a provider. Patient is verbally educated/informed about the texting program and consented (i.e. they say yes or no to the program). If the patient says yes, they are enrolled into the texting program and given an initial text on how to opt-out. A written record should be kept in the patient’s chart to document they verbally consented to being apart of the program (i.e. a dotphrase in Epic in an encounter).

Example initial welcome text:

Hello PARTICIPANT_FIRSTNAME, thank you for enrolling in PROGRAM_NAME. We’d like to check-in on you over the next 2-weeks to monitor your symptoms. Note, texting isn’t 100% secure and msg/data rates may apply. Text “BYE” to stop receiving these messages.

 

Opt-In

Patients receive an initial text asking them if they’d like to participate in the program. The patient’s response is stored securely in Way to Health.

Example initial welcome text:

Hello PARTICIPANT_FIRSTNAME, thank you for enrolling in PROGRAM_NAME. We’d like to check-in on you over the next 2-weeks to monitor your symptoms. Note, texting isn’t 100% secure and msg/data rates may apply. Please reply Y to continue or N to opt-out of this program.

SMS Logistics

  • If you are texting with a patient’s personal caregiver, you need to get consent to text for each person - the patient and the caregiver. The patient cannot opt-in the caregiver.

  • You should include language to the patient about texting not actively being monitored such as: This line is not actively monitored. If you have any questions about your care or other health needs, call your doctor’s office directly. If this is a life-threatening emergency, call 911 or go to an Emergency Department.

  • It’s good to periodically send patient’s information on how they can opt-out of the program.