The integration of social media into plastic surgery practices has revolutionized patient engagement and marketing strategies. Platforms like TikTok, Instagram, and Facebook offer unparalleled opportunities to showcase before-and-after photos, share live procedure videos, and interact directly with potential clients.
However, this digital presence introduces a complex landscape of legal and ethical considerations that physicians must navigate to protect their patients and their practice.
Patient Consent: A Cornerstone of Ethical Social Media Use
Before sharing any patient-related content on social media, obtaining written consent is imperative. This consent should be distinct from other medical consents and specifically address the nature and scope of the intended social media use.
For instance, posting patient’s before-and-after images and videos requires a signed authorization from the patient that describes what images and information will be used, and how and where it will be posted. Failure to secure this authorization can lead to significant legal repercussions and jeopardize the practitioner’s license.
Furthermore, the patient consent should be clear as to who can use the before and after pictures. For example, is it just the practice’s website, or can the treating plastic surgeon or other providers use the image on their personal social media? Clarity from the patient is essential.
Adhering to Marketing and Advertising Regulations
Plastic surgeons must comply with advertising guidelines set forth by their respective state medical boards and state associations to ensure that all promotional content is truthful and not misleading.
The Federal Trade Commission also oversees physician advertising, emphasizing transparency and accuracy in marketing practices. Professional organizations, such as the American Society for Aesthetic Plastic Surgery (“ASAPS”) and the American Society of Plastic Surgeons (“ASPS”), provide additional ethical standards for sharing content on social media.
Utilizing enhanced images, stock photos, or engaging in deceptive practices can result in severe penalties and damage to professional reputation. As such, plastic surgeons and their staff should review the respective local and national associations’ guidelines before posting.
Clarifying Content Ownership and Employee Guidelines
Determining the ownership of content posted on social media is crucial, especially when employees contribute to the practice’s online presence.
Issues arise when staff members share patient photos or videos on their personal accounts, potentially infringing on patient privacy and the practice’s intellectual property. To mitigate these risks, practices should establish comprehensive social media policies that address content ownership, usage rights, and guidelines for employee participation in online activities.
Furthermore, if you do allow employees to use patients’ images, obtaining the patient’s consent is still critical in this process.
How to Implement a Comprehensive Social Media Policy
Developing a detailed social media policy is essential for addressing the various challenges associated with online engagement.
This policy should cover aspects such as employee conduct on social platforms, protocols for obtaining and documenting patient consent, compliance with advertising regulations, and procedures for handling potential violations. Incorporating this policy into the practice’s employee handbook ensures that all team members are informed and accountable, fostering a culture of compliance and professionalism.
Finally, once you develop a policy, you need to enforce it when employees do not abide by it.
ByrdAdatto Can Help You Maintain Compliant Plastic Surgery Social Media Practices
While social media serves as a powerful tool for plastic surgery practices to connect with patients and showcase their work, it demands careful attention to legal and ethical standards.
At ByrdAdatto, we help protect businesses through the required compliance nuances to secure proper patient consents, stay on top of confusing advertising regulations, clarify content ownership, and implement legally sound social media policies.
Our legal team can guide you to effectively leverage digital platforms while safeguarding your practice and upholding patient trust. If you want to learn more about developing a social media policy for your practice, contact ByrdAdatto.
