Do I Need Written Consent Before Messaging a Referred Patient? – Subflow, Inc.

No, written consent is not required when messaging a referred patient about healthcare-related matters, as long as you follow specific guidelines established by the FCC and HIPAA.

Legal Framework

FCC Declaratory Ruling and Order (FCC 15-72)

Paragraphs 141–147 of the 2015 FCC Ruling address healthcare-related messages under the Telephone Consumer Protection Act (TCPA).
View the ruling here: FCC 15-72

Key Takeaways

If a patient provides their phone number to a HIPAA-covered entity (e.g., hospital, provider, clinic) during the normal course of care, this is considered “prior express consent.”
Written consent is not required for non-marketing, healthcare-related messages.
These messages must be:
- Non-commercial
- Non-promotional
- Directly related to the patient’s care

Examples of Permissible Messages:

Appointment reminders
Lab or test results
Medication instructions
Pre- or post-operative care instructions

HIPAA and TCPA Compliance

The FCC defers to HIPAA definitions for health care communications. While consent rules are relaxed for care-related messaging, you must still:

Ensure the security and privacy of the message content
Avoid including unnecessary personally identifiable or sensitive health information
Provide an opt-out mechanism

Subflow Best Practices for Referred Patients

When you're referred a patient, we recommend the following onboarding message:

Hi [First Name], this is [Your Clinic Name]. You were referred to us by [Referring Partner]. Msg/data rates may apply. Reply STOP to opt-out.

This message introduces your clinic, mentions the referring partner for context, and complies with CTIA/TCPA opt-out requirements.

⚠️ Important Disclaimer

TCPA and CTIA regulations are subject to change. This article does not constitute legal advice.
Please consult your legal and compliance team for your organization’s official policies.

For additional help, reach out to us at support@subflow.com