In the eighties box office comedy Risky Business, Tom Cruise’s teenage character famously slides across the floor in his socks (and briefs), dancing without a care in the world. But when it comes to marketing your dental practice, taking a “no worries” approach could land you in a world of trouble. Unlike Cruise’s carefree moves, marketing in the healthcare field is full of potential legal missteps that can cause some serious headaches—think lawsuits, fines, and damaged reputations. Don’t worry, though! With a solid marketing risk management plan in place, you can promote your practice confidently without sliding into risky territory.

Here’s how to manage the potential risks of marketing your practice while staying on the right side of the rules.

ADA compliance: Make your marketing accessible to everyone

When you create a dental website design, post on social media, or send out email marketing campaigns, it’s essential to ensure that all your content is accessible to people with disabilities. This isn’t just about being inclusive—it’s also a legal requirement under the Americans with Disabilities Act (ADA). Failing to comply with ADA standards can leave your practice vulnerable to lawsuits, which are becoming more common in the digital age.

How to ensure ADA compliance:

• Add alt text to images: Make sure any images on your website or marketing materials have descriptive alt text. This allows screen readers to convey the content to visually impaired users.
• Keyboard navigation: Ensure your website is navigable using a keyboard alone, as some users can’t use a mouse.
• Include closed captions on videos: If you’re sharing video content, include closed captions to make it accessible to hearing-impaired viewers.
• Check color contrast: Use a color palette on your website and marketing materials that offer good contrast for people with visual impairments.

HIPAA-protected email servers for online forms

Many dental practices use online forms to streamline the process of gathering patient information, such as medical histories or appointment requests. While this is convenient for both you and your patients, it also introduces some risk. If you’re collecting sensitive health information through these forms, it’s essential that you use a HIPAA-compliant email server. Otherwise, you could be in violation of the Health Insurance Portability and Accountability Act, which can lead to significant fines and damage to your reputation.

Best practices for secure email:

• Use a HIPAA-compliant email provider: Ensure that the email service you use for collecting patient information is specifically designed for healthcare settings, offering encryption and secure data storage.
• Encrypt data: All forms containing patient health information should be encrypted both in transit (when sent) and at rest (when stored).
• Sign a BAA: Make sure your email provider is willing to sign a Business Associate Agreement (BAA). This ensures they are also committed to protecting patient information according to HIPAA standards.

Safeguard patient information with HIPAA-compliant online chat

Online chat is a helpful tool for answering potential patients’ questions or scheduling appointments in real-time. But here’s where things get tricky: If a patient shares personal health information through your website’s chat feature, it’s considered protected health information (PHI) under HIPAA. If that chat feature isn’t HIPAA-compliant, you could face penalties for a data breach.

How to stay compliant with online chat:

• Choose the right chat tool: Not all online chat services are secure enough for healthcare. Choose one that offers encryption and stores data safely.
• Monitor chat content: Make sure your staff knows how to handle conversations that involve health information. When necessary, they should guide patients to switch to a more secure platform.
• Obtain consent: Before engaging in detailed health discussions, ensure that your chat tool can get the patient’s consent to share their information.

HIPAA-compliant call tracking

Call tracking is an excellent way to measure the success of your marketing campaigns. It helps you identify which ads are bringing in the most calls and provides insights into the effectiveness of your strategies. However, if the phone calls are recorded or stored and involve PHI, the tracking system must be HIPAA-compliant. Otherwise, you risk breaching patient privacy laws.

What to look for in a call tracking system:

• HIPAA compliance: Make sure your system offers encrypted call recordings and secure data storage.
• Limit the amount of PHI shared: Train your staff to handle sensitive conversations carefully. If health information is being shared, they should switch to a secure platform.
• Audit calls: Conduct periodic audits of your call recordings to ensure HIPAA compliance and address any gaps in your security practices.

Comply with state advertising laws

Each state has its own regulations for how dentists can advertise their services. Some states require you to include your license number on all advertising materials, whether it’s a business card, website, or billboard. Some are very specific about noting credentials and accreditations for promoting certain services. Failing to adhere to these rules can result in fines or, worse, disciplinary action from your state dental board.

How to follow state advertising regulations:

• Know your state’s rules: Review the guidelines provided by your state dental board and ensure your marketing complies.
• Include your license number: If your state requires it, ensure that your license number is visible on all marketing materials, including digital and printed formats.
• Watch your claims: Be careful not to make any false or misleading claims in your advertising. Avoid statements that promise results, such as “guaranteed pain-free procedures” or “whiter teeth in one visit.”

Marketing with compliance in mind

In Risky Business, Tom Cruise eventually learns that playing it fast and loose can lead to big consequences—and marketing your dental practice is no different. By staying on top of ADA compliance, using HIPAA-protected systems, and following state board regulations, you can avoid the risky pitfalls and keep your practice on solid ground. Marketing may sometimes feel like a balancing act, but with a smart approach, you’ll avoid sliding into trouble and keep your practice running (or, should I say, “Cruise”ing) smoothly.

If you want to make sure your marketing is risk-free, SmartMarket Dental, our HIPAA-compliant call tracking software, is a great place to start. Schedule your demo today!