With phone cameras in nearly every hand, photo and video self-production is now widely available. Many chiropractic offices now record patient videos or photo testimonials that relate the patient’s positive experience with the practice. Physicians may then use these materials to advertise on the practice’s website, on social media pages, other internet advertising platforms, or in hard copy, such as office flyers.
Although this type of content can effectively and affordably generate new business, physician offices need to avoid two legal pitfalls: 1) the unauthorized disclosure of protected health information (PHI) that is protected by HIPAA rules; and 2) the unauthorized use of an individual’s likeness without compensation (invasion of privacy). Both may be addressed through the use of a signed patient consent and waiver, as discussed in more detail below. (Of course, the content of the testimonials themselves also must comply with advertising rules. See below. This article assumes that the content of the testimonials meets all physician advertising requirements.)
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