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December 8, 2010
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Dos and Don'ts Concerning Your Website Content

We receive many questions from CAP members concerning the content of their websites. Although our Risk Management & Patient Safety Department cannot review or comment on individual websites, we offer the following recommendations. 
  • DON'T allow non-patients to access the physician(s) via the website. Sites designed to attract new patients increase risk if individuals are invited to share confidential information and then rely upon the physician's online feedback. An individual may interpret the physician's response as establishing a physician-patient relationship and the feedback as personal medical advice -  all without ever being seen by the physician!
  • DO set up a password-protected portal if you wish to give established patients access to the physician(s). Give patients the password as the physician feels appropriate.
  • DON'T post suggested or "Related Links" unless they are reputable bodies presenting the information (e.g., the American Academy of Pediatrics, the Centers for Disease Control, the California Department of Health Services). 
  • DO use a disclaimer that tells the site visitor when he or she is leaving the practice's website. The disclaimer statement may also include a notation that the practice does not control the "Related Links" destination site content. 
  • DON'T maintain a physician-patient relationship over the website (or Internet) if the patient has moved out-of-state. The Internet observes no geographic boundaries, but licensure and the practice of medicine is controlled by the laws in each state. In addition, the MPT Agreement excludes coverage for out-of-state medical practice.
  • Lastly, DO provide a disclaimer on the site that the information is educational. For example: "The information on this site is solely for purposes of general patient education, and may not be relied upon as a substitute for professional medical care. Consult your own physician for evaluation and treatment of your specific condition."

Authored by
Waldene Drake, RN, MBA
Vice President of Risk Management & Patient Safety

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Published comments of this information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.