Terms of Use
Text Messaging and Electronic Client Communication.
- Purpose
Phoenix Counseling Center (PCC) utilizes text messaging and other electronic communication tools to support operational efficiency and client engagement. This policy establishes standards for the appropriate, secure, and compliant use of text messaging and electronic communications with clients, ensuring protection of client rights, confidentiality, privacy, and data security in accordance with federal law, North Carolina statutes, accreditation standards, and payer requirements. Text messaging is intended to be a supplemental, non-clinical communication modality and shall not replace required clinical interactions, assessments, or documentation. - Scope
- All PCC employees, contractors, interns, and volunteers
- All PCC programs and service lines
- All electronic text-based communications (SMS/MMS or equivalent) sent or received using PCC-approved platforms
- Personal devices, personal phone numbers, or unapproved applications are not authorized
- Definitions
- Text Messaging: Transmission of SMS/MMS communications via a mobile device or approved platform
- Electronic Client Communication: Any non-voice electronic exchange with a client
- Protected Health Information (PHI): As defined by HIPAA
- Approved Platform: PCC-authorized system operating under a Business Associate Agreement (BAA)
- Informed Consent: Voluntary agreement after disclosure of risks and limitations
- Policy Statement
PCC permits limited use of text messaging and electronic communication with clients when communication is operational or administrative in nature, conducted through an approved secure platform, supported by documented client consent, and compliant with all applicable laws, regulations, accreditation standards, and payer requirements. Text messaging shall never be used as the primary means for delivering clinical services. - Legal and Regulatory Authority
- HIPAA Privacy Rule (45 CFR §164.500 et seq.)
- HIPAA Security Rule (45 CFR §164.300 et seq.)
- 42 CFR Part 2
- CMS Conditions of Participation and Client Rights
- NC GS Chapter 122C
- NC Identity Theft Protection Act
- CARF Behavioral Health Standards (2026)
- PCC Corporate Compliance Plan and Privacy Policies
- Client Consent and Rights
Prior to initiating text communication, PCC shall obtain and document informed consent. Consent includes disclosure of message types, privacy risks, opt-out rights, and voluntary participation. Consent may be revoked at any time without penalty. - Permitted Uses
- Appointment reminders
- Scheduling or rescheduling
- Administrative notifications
- Payment reminders when authorized
- Limited non-clinical check-ins
- Prohibited Uses
- Clinical assessments or treatment planning
- Crisis or emergency response
- Involuntary commitment determinations
- Psychotherapy notes
- Sensitive SUD information under 42 CFR Part 2
- Privacy and Security Safeguards
All messaging must occur through an approved platform with role-based access controls, authentication, audit logs, and encryption where available. Messages containing PHI shall be limited to the minimum necessary. - Documentation Requirements
Relevant text communications must be documented or summarized in the client health record and retained per PCC record-retention policies. - Incident Reporting and Breach Response
Any suspected privacy or security incident must be reported immediately and managed according to PCC’s Data Breach Response Plan. - Training and Accountability
Staff must complete required training prior to use. Violations may result in disciplinary action and are monitored through PCC’s Quality Management Program. - Quality Monitoring and Performance Improvement
Use of text messaging is monitored as part of PCC’s Quality Management Program through audits, incident reviews, and training compliance. Findings are incorporated into performance improvement activities consistent with CARF Standards. - Review and Revision
This policy is reviewed at least annually and updated as needed.