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Social Media and The Physician-Patient Relationship

By Adrienne Hersh, JD, ICS Legal Counsel · September 17, 20258 min read
Doctor using social media
Social Media and The Physician-Patient Relationship
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Social media can serve as an effective tool for marketing, communication, education, and information sharing. However, unlike ordinary businesses, health care practices must comply with unique privacy and ethical rules when using these tools.

The general ethical standards adopted under the Medical Practice Act and rules do not specifically address social media. This indicates that regulators intend to apply the same ethical principles for all physician-patient interactions, whether electronic or in person. These principles derive from a combination of established law, rules, and standards of professionalism that would be expected from a reasonably careful practitioner. The Medical Practice Act contains only a simple prohibition against “dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public.” Although the rules further define “dishonorable, unethical or unprofessional conduct, ” (68 Ill. Adm. Code 1285.240)  these guidelines are generic, so physicians must use their good judgment as to apply them to social media.

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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