Social Media in Medical Aesthetics: Safeguarding Patients' Rights
In today's digital age, social media has seamlessly integrated into our daily lives, whether we are actively engaging in content creation, casually scrolling through feeds, or a combination of both. Within the sphere of medical aesthetics, social media has introduced a new layer to the patient-doctor interaction, affecting both practitioners and clients. "Presently, the majority of practices, particularly those in the cosmetic field, maintain a presence on social media. This platform serves as a valuable tool for connecting with patients and demonstrating our services in the clinic," notes Dr. Bruce Katz, a board-certified dermatologist in New York City.
Dr. Amelia Hausauer, a board-certified dermatologist based in Campbell, California, echoes this sentiment, noting that an increasing number of patients are turning to social media to find the right medical professional for their needs. However, this new dimension comes with its own complexities, especially concerning patients' rights when their images and/or body parts are shared on platforms like Instagram and Facebook. Here, we delve into what you should know before signing a consent form and how to handle situations where your doctor encourages you to feature on their social media accounts.
Patients' Rights to Privacy Are Clearly Defined
"The legal framework is quite clear. A physician cannot distribute photos or videos of a patient without the patient's explicit consent," asserts Michael Byrd, a Dallas-based attorney specializing in medical aesthetics. While HIPAA regulations protect privacy concerning personal health data, they do not extend to the use of a patient's likeness, whether on social media, displayed on a TV in the waiting room, or used in educational materials, he explains. For such uses, explicit authorization is required, usually through a supplementary written consent form.
The Consent Provided Should Be Specific
While consent forms may differ from one practice to another, there are essential elements that should always be present. Typically, you are granting written permission for the use of photos, videos, and/or your quotes, according to Dr. Katz. You should have the option to specify which, if any, of these you are comfortable with. Additionally, the intended use of these materials must be clearly stated. Dr. Hausauer notes that her practice's consent form allows patients to select various uses, including educational presentations, textbooks, the practice's website, social media, and more. She advises patients to be even more detailed before giving their consent. "Would you like your eyes to be blurred in social media posts? Are you okay with filler injections being filmed on any part of your face or just your lips? Be specific about all these details, both in writing and during discussions with your physician," she recommends.
Both Dr. Hausauer and Dr. Katz stress the importance of discussing and reviewing these specifics with your doctor, especially if you have questions or concerns. Byrd concurs: "It shouldn't just be a form you sign and then forget about. Ensure you fully understand how your images or videos will be used to ensure everyone is on the same page. Consent and clear communication are vital," he emphasizes.
Related: Plastic Surgery Patients Are More Challenging Than Ever. Doctors Attribute It to Social Media.
How to Respond If You Feel Pressured by Your Doctor
The answer is simple: "Just say no," advises Dr. Katz. "Any reputable doctor will not take it personally, and it should not affect your relationship with them. If it does, it's a significant issue and a red flag." Dr. Hausauer strongly agrees, adding that you do not need to provide an explanation or reason for not wanting to be featured on social media. She also emphasizes the importance of recognizing that these are medical procedures. "While photos and videos are crucial in aesthetics, these are medical procedures conducted in a clinical setting, which demands a certain level of privacy. A doctor wouldn't share your information if you were undergoing cancer treatment. If you're uncomfortable with something, stand firm on your boundaries," she states. Ultimately, if your physician does not respect your wishes, it may be time to seek another provider.
It's also important to note that patients have the final say over any content shared. "If you dislike how the photos or videos turned out or decide you're not comfortable with the situation, you can withdraw your consent," says Dr. Katz. Byrd confirms that legally, a patient can change their mind. However, not all shared content can be removed. Some social media posts can be deleted, but others may be reposted and remain online, he explains.
Additional Red Flags to Watch Out For
Even if you're comfortable with publicly posted photos or videos, be wary if your physician plans to share any other identifying information, such as your name or age (unless you've explicitly consented to this), warns Dr. Hausauer. Similarly, she notes that tagging patients' social media handles is not permitted unless the patient specifically requests it. Sharing any other private information, such as details related to finances, work, or personal relationships, is also a red flag, cautions Dr. Katz.
What About Social Media Posts in Exchange for Discounted Services?
Dr. Hausauer mentions that she has encountered physicians offering patients free or discounted services in exchange for agreeing to be featured on social media, but she views this approach as problematic. "It's another way for the doctor to apply pressure and assert authority beyond what is typical," she explains. Byrd suggests that the legality of such practices is questionable and carries risks. "I can't recall a case where a governing body has pursued a practice for doing this, but it is risky for physicians," he says, adding that patients might also face some legal responsibilities. He cites certain FTC regulations that require influencers—often those receiving these benefits—to disclose any free treatments they are promoting on social media.
