When adding a new patient to your ChiroUp account, you can explicitly indicate that you have obtained consent for Transactional SMS messaging by selecting the Appointment Reminders option. Or, manage Transaction SMS consent status anytime in the patient's record. 

If you want to text a patient who was not previously explicitly opted-in to Transactional SMS, you'll need to Record Consent prior to sending Two-way messaging. 

Transactional and marketing messaging are regulated separately. Marketing consent is never implied and must always be obtained formally.

When adding a new patient, you can indicate Marketing SMS consent by clicking the option for Promotions and marketing messages. Or, manage their Marketing SMS consent status anytime from the patient's record.

Because Marketing consent must be formally obtained, when you opt-in a patient to marketing messages, they must reply ‘YES’ to formally opt-in to marketing messaging. Until the patient opts-in by replying ‘YES’ their marketing consent will be pending confirmation.

When the patient replies “Yes” confirming that they would like to receive marketing messages, you'll see their patient record update accordingly: 

Clinics should avoid excessive marketing texts. Overuse increases the risk of patient opt-outs, and marketing texts are far more likely to be reported as spam, which could result in your clinic’s texting number being de-listed or blocked by the texting vendor.

💡Pro Tip

When you send a Google review request, ChiroUp will automatically prompt the patient to provide Marketing SMS consent. Once the patient accepts by replying “Yes,” ChiroUp will send the Google review request.

 

Yes - patients can opt out any time by replying “STOP" 

When a patient replies “STOP,” you'll see in their patient record that they have explicitly opted-out of SMS Messaging. 

Please note that a single opt-out “STOP” message applies to both Transactional and Marketing messages. 

If a patient has opted out by replying “STOP,” only the patient can opt back in. To receive messages from your clinic again, they must reply “START.” Clinics cannot override a patient’s opt-out status.

Additionally, users in your ChiroUp account can opt a patient out anytime by updating the consent toggles in their patient record. 

After a patient has opted into SMS, they will receive a short intro message when the first text is sent to them. 

[Your Clinic Name] care-related texts: Reply STOP to opt out. Msg & data rates may apply. Do not send sensitive medical info. For emergencies, call 911. 

When you opt-in to Transactional SMS, a text is not automatically sent, so this introductory message will only send whenever the first text is sent to the patient. 

When you opt-in to Marketing SMS, a confirmation is immediately sent to the patient, so the patient will also immediately receive this introductory message. 

Patients who share a phone number will also share a consent status. If one patient opts in or out to SMS consent, that updated SMS consent status will apply to all patients in your ChiroUp account who share the same Mobile Number. 

ChiroUp’s two-way texting is designed to help clinics comply with HIPAA and TCPA:

• HIPAA: Text messages are not encrypted, so clinics should advise patients not to send personal health details via text. Only minimal necessary information should be sent.
• TCPA: Consent requirements differ for transactional vs. marketing texts. Implied consent may cover limited transactional communications, but formal consent is required for unlimited transactional and all marketing messages.
• Documentation: Clinics must maintain accurate records of patient consent status (verbal or written). This is tracked within the patient record via consent checkboxes.

✅ Following these practices reduces compliance risks and ensures patients remain in control of their communications.

Legal Disclaimer: Laws and regulations governing patient communications, including HIPAA, TCPA, and state-specific rules, vary by jurisdiction. While ChiroUp has designed its texting platform to support compliance, it remains the sole responsibility of each clinic to ensure that its use of the system complies with the laws and regulations applicable to its practice. We strongly advise consulting with qualified legal counsel to confirm that your clinic’s texting setup, consent procedures, and messaging practices meet all legal requirements.

Here is a sample consent form verbiage you can use (and adjust to fit your clinic's needs) to obtain written SMS consent from patients:

I provide express written consent to receive SMS text messages from [Clinic Name]. These messages may include care-related communications (such as appointment reminders, scheduling updates, and billing questions) and, if I choose, marketing communications (such as promotions, wellness events, and service announcements).

I understand that:

• Messages may be sent using an autodialer.
• Message frequency may vary, and message and data rates may apply.
• I can reply STOP at any time to cancel all text communications, or HELP for assistance.
• I am the customary user or subscriber of the phone number I provide when opting in.
• My consent is not a condition of purchase or receipt of products or services.
• Text messaging is not encrypted and may not be secure; I agree not to send personal health details by text.
• Two-way texting is not monitored continuously and should not be used for urgent needs. In the event of a medical emergency, I will call 911 or go to the nearest emergency room.

I consent to the use of an electronic record to document my opt-in and agree to [Clinic Name]’s Text Messaging Terms and Conditions [HYPERLINK]. For more information, see our Privacy Policy [HYPERLINK].

Legal Disclaimer: This consent language is provided as a sample only. Laws and regulations governing patient communications, including HIPAA, TCPA, ESIGN, and state-specific rules, vary by jurisdiction and may change over time. While ChiroUp has designed its texting platform to support compliance, it is the sole responsibility of each clinic to ensure that its consent form language, consent procedures, and use of the system comply with all applicable laws. We strongly advise consulting with qualified legal counsel to confirm that your clinic’s consent and messaging practices are appropriate and legally compliant before implementation.