How To Opt Out of an Opt In Policy

Tuesday, March 23rd, 2010 | Healthcare, News

In a recent article in the MDU’s new journal for GPs and GPSTs, Good Practice, the MDU says that it is unwise to rely on patients’ implied consent to allow the practice to communicate with them in this way. It is better to adopt a cautious approach and get the patient’s express consent.

Dr James Armstrong, MDU medico-legal adviser said:

“Some hospital trusts have implemented text messaging schemes on an ‘opt out’ basis, except for some specified vulnerable patient groups. To make sure patients are provided with ample opportunity to opt out though, considerable publicity needs to be given to such schemes, which trusts may have the resources to implement.

MJog agrees that the key to gaining Patient confidence and their consent to receiving reminder messages from either their local Hospital or their GP is through raising awareness of the benefits of the services to both the Patient, and the NHS, through simple and effective publicity campaigns.

Dr James Armstrong, MDU medico-legal adviser continues:

“While GPs may publicise a text message service to patients on the practice website, practice leaflet and through posters in the waiting room, many patients may still not be aware of the service. They might be surprised to receive a text message from the surgery if they had not given their specific consent and this could lead to a complaint, particularly if the unexpected message is somehow picked up by somebody else.

Using MJog, and free text messages delivered through NHSMail, all NHS Hospitals and Practices can easily inform their Patients in advance that they intend to send them appointment reminders using the mobile number that they have provided. If the Patient would prefer not to be contacted in this way, they can easily reply by text or by calling to “opt-out” of the free service.

In support of text messaging, the MDU recognises that text messaging can work well as a communication tool. It highlighted one case in Good Practice, a GP practice instigated a system to allow patients to cancel appointments by text message. Dr Shikha Pitalia and the team at Ashton Medical Centre in Wigan managed to cut the previously high do not attend rates by 20 per cent. The practice won the MDU GP Enterprise Award as a result.

At a time where the NHS have been asked to look at ways to reduce expenses and make improvements to efficiency, imposing restrictions that will have a direct impact on the effectiveness of these services is counterproductive to the huge improvements that patients and the NHS can benefit from.

As one of our customers pointed out: “It is not possible for us to write to every one of our 10,000 patients to ask for their consent. Our only alternative if this is not resolved would be to stop using text reminders. This would be a very great pity.”

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