The Telephone Consumer Protection Act (TCPA) prohibits calls to mobile phones using an automatic telephone dialing system or autodialer, a prerecorded voice message, or a text message without the prior express consent of the called party, unless the call is for “emergency purposes”.
Can we send out an SMS campaign to text mobile phones asking if the recipient wishes to opt in to receiving text messages?
No. You must have consent prior to any text messages or prerecorded message calls being sent to a person’s mobile phone.
Does the FCC clarify what prior express consent looks like for healthcare?
Yes. If a patient has provided his or her mobile phone number to a healthcare provider, that is considered prior express consent. The healthcare provider may then text or call the patient with messages closely related to the purpose for which the number was provided. There is no additional opt-in required unless the provider wants to send messages which do not meet the “closely-related” requirement.
Is there a Healthcare Exemption to prior express consent?
Yes. If you do not have prior express consent, the exemptions can be used to deliver calls or texts for which there is exigency and that have a healthcare treatment purpose. The FCC specifically cites these as: appointment and exam confirmations and reminders; wellness checkups; hospital pre-registration instructions; pre-operative instructions; lab results; post-discharge follow-up intended to prevent re-admission; prescription notifications; and home healthcare instructions. There are a number of requirements to meet in order to utilize the exemptions, so practices should review all the requirements before proceeding under the exemptions.
When would I use an opt-in campaign?
If you have prior express consent as defined above, an opt-in campaign can be used to capture preferred communication channel as required for Meaningful Use Core Measure 12.
How can TeleVox help manage consent?
Solution Application
Portal
Inbound IVR
To assist with verbal revocation of consent, our customers can use the mytelevox.com portals to opt a
number out of receiving future communications.
Text Channel
Texted parties can text ‘STOP’ at any time to the short code they previously used to opt in to receive
messages. TeleVox will scrub future texts messages from being delivered to the called party.
Outbound IVR Opt-out response options can be included within a prerecorded voice message.
Customers can provide a toll-free number to allow called parties 24/7 access to have their number placed
on the customer “do not call” list.
800.644.4266 • televox.com

If you have consent to call your patients, a TeleVox automated phone call allows the patient to opt into text via IVR.
FROM:
TO:
Central Healthcare example@email.com
SUBJECT: Important Message from Central Healthcare
Sign Up for text messaging from
Central Healthcare
Central Healthcare is pleased to inform you that you can now receive convenient reminders through text messaging.
If you would like to participate, click on the button below.
The following phone number
(555) 555-1234 will receive SMS notifications once opted in.
Sign Up
Email generated by HouseCalls™. HouseCalls is a trademarked product of TeleVox Software, Inc. All rights reserved.
Patients opt in by sending a text containing your practice’s unique Org
Key (provided by TeleVox) to our designated, approved short code.
TeleVox sends an email to your patients containing a link to opt in for text messages.
Consent
Consent
Consent
Patients use their smartphone’s QR code reader app to scan your practice’s unique QR code (provided by TeleVox).
If you have collected express consent for texting from patients, you can provide that list of patients to TeleVox for immediate opt-in.
800.644.4266 • televox.com