The following legal considerations apply to the launch of a new website and social media pages. Note that your business is responsible for compliance even if you rely on a website designer, a software developer, a copywriter, or any other third party to build your website.
ADA Compliance
To comply with the non-discrimination requirements of the Americans with Disabilities Act, website owners should have websites that are accessible for people with disabilities. Generally, this means that the website will properly work for individuals using text-to-speech technology. Check if your website hosting provider has these functions built in. Relatedly, make sure your online presence does not have the potential to discriminatorily target consumers on the basis of race, ethinicity, religion, gender, sexual orientation, or other grounds either.
Legal Company Structure
Because you took care to follow the laws about who can own a healthcare business and who can perform certain tasks, make sure that these steps are presented as such on your website. Regulatory boards may be alerted to illegal medspa practices based on information published on the medspa’s own website. To avoid any false indications of impropriety, make sure your website reflects your business’ compliant structure and does not appear to allude to non-physician (or non-nurse practitioner in certain states) ownership or employees performing tasks outside of their scope. List the medical director owner prominently on the site and the licensed practitioners being supervised by the medical director, and clarify if any unlicensed or under-licensed employees mainly perform administrative tasks.
Other Laws and Regulations
Make sure your website avoids the appearance of illegal fee-splitting, kickbacks, or other prohibited referrals. FDA-approved drugs and devices must be presented properly, without prohibited claims about their usage, benefits, or results. Do not refer to any procedure as FDA-approved if it is not and do not rely on your pharmaceutical or laser vendor for guidance on how to advertise their products. Do not use any trademarked names without permission.
Truthful Advertising
Healthcare marketing campaigns are subject to a special law called the Truth in Healthcare Marketing Act, which was implemented to protect consumers from misleading healthcare advertising. To comply, make sure all claims on your website are fair, truthful, and backed by evidence. Do not make any guarantees that you cannot support as accurate facts. Any deceptive or misleading statements or misrepresentations about the services you provide or the licensing of your staff are prohibited by this federal law. When considering advertising plans or marketing materials, always opt for the most truthful phrasing. Be cautious about guaranteeing results, exaggerating, stating that anything is the best or most superior, or painting a frightening picture of the potential bad health consequences of choosing not to get spa treatments.
Website Security
Information collected on your website may contain patient data that is protected by HIPAA. Try to minimize the amount of protected medical data that you ask for in forms on your website. Use security mechanisms like encryption and third-party data storage to avoid the collection and storage of individually identifiable health information.
Photos, Videos, and Testimonials
Photos, videos, and patient testimonials are likewise protected by HIPAA. Any photos or videos of patients must be used only if there is signed informed consent. The same applies to any testimonials that identify a patient, even if in generic and anonymous terms. If in doubt, always ask for detailed permission in writing that encompasses any uses you may want to make. Ask for Lengea’s consent templates for social media.
Privacy Policy and Terms of Use
Make sure that your website has a privacy policy and a terms of use, and that it includes information on how data is stored, how it will be used, and how you keep client data safe.
