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Legal Issues
Affecting Electronic Signatures by Patients
On Consent and Privacy Forms:

It’s no secret that advances in technology are testing the boundaries of long-standing laws and regulations. One case in point: the world of electronic signatures. This question is the subject of growing interest in the legal community. So what exactly constitutes a legal and binding signature by a patient on a consent form or privacy acknowledgement form?

Some of the Rules:

1) Intention of the Patient to authorize use of his/her electronic signature must be clear or implicit.

2) Intention of the Patient to authorize the specific document in question must be clear or implicit.

3) Hospital or facility must be able to reproduce the document with signature from an electronic file.

4) Hospital legal counsel will weight importance of a paper (in addition to electronic) document more heavily for a surgical consent than general consents or privacy notices. After all you imply consent for treatment by walking in the door of a hospital (assuming you were conscious) but were you specifically warned of a life threatening negative outcome from a surgery? There is a difference!

5) Providing a copy of the signed document to the patient is not required by law, but eliminates most communication issues.

6) Clear communication to staff of procedure and correct process is crucial. If a patient refuses to acknowledge receipt of privacy rights, your best defense is to demonstrate and prove that all patients are given privacy rights pamphlets, not just those who want them or want to acknowledge them.