Risk Manager
Your Web Site and the Law
An online presence can create advantages and efficiencies for your practice, but you must be aware of the legal issues.

As physicians and patients become more familiar with using the Internet, many practices are creating Web sites. Your site is essentially an advertisement for your practice, and must comply with all the laws and regulations governing physician advertisements.

But that's not the only way the law can affect the operation of your practice's Web site. In this article, I'll tell you how to avoid other pitfalls.

WHAT YOUR SITE SHOULD DO

Ideally, your site should serve as a key communication tool, enabling patients, potential patients and other physicians to:

• obtain relevant information about you and your colleagues
• learn about the services your practice provides
• communicate with you or your office staff by e-mail
• research medical information through links you establish.

Your site can also provide your office hours, maps and directions to your office, and the list of insurance plans in which you participate.

You should designate a responsible person in your office to make sure that all of your online information is current. A site with outdated information discourages repeat visitors.

BEING CAREFUL WITH CONTENT

As you decide what to post on your site, keep in mind that the content can create legal problems for you, if you don't approach it correctly. First, be aware that whoever created the Web site may have copyright ownership of the site. Avoid this by entering into an agreement with the site creator that makes your practice the owner.

It's also important that your Web site observes intellectual property rules:

• Don't simply duplicate copyrighted material from another site. Obtain permission to use any photograph, article or other intellectual property you display online.
• Obtain permission to post any journal articles you've written. If the publisher won't allow you to republish the article or establish a link to the journal's Web site, you can simply list your published articles. Remember, you should always obtain permission from any Web site before you put a link to it on your own site.

WHAT YOUR SITE SHOULDN'T DO

If you're using your Web site to do anything more than provide general information about your practice, you must avoid offering any information that could be considered as creating a doctor-patient relationship, or be construed as practicing medicine in jurisdictions in which you're not licensed.

Information about procedures, diseases and medications put on your site should be drafted with the same care you would use for a printed brochure that you offer to your patients in your office reception area.

Also, an e-mail option on a Web site comes with many potential concerns. E-mail communication may be viewed as providing medical advice. It also can result in the disclosure of patient-identifiable information if security is breached.

IF IN DOUBT, GET LEGAL ADVICE

It's always a good idea to seek the advice of an attorney regarding copyright and intellectual property matters, state and federal privacy laws and regulations, and to make certain that nothing on your site could fall under the definition of "practicing medicine." It's also important to have the appropriate disclaimers prominently displayed.

Finally, let people know your Web site exists. Include the address at the bottom of your letterhead, in your newsletter and on your business cards. Register with search engines and establish links to your site on other reputable sites.

Jeffrey D. Weinstock, Esq., is the Assistant General Counsel of Cyber-Care, Inc. Based in Boynton Beach, Fla., Cyber-Care is a technology-assisted health management company. Risk Manager provides a general summary of legal issues and should not be construed as personal legal advice. Application of these principles varies according to individual situations.