Ethical Considerations in Pediatricians' Use of Social Media - OHSU
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CLINICAL REPORT Guidance for the Clinician in Rendering Pediatric Care Ethical Considerations in Pediatricians’ Use of Social Media Robert Macauley, MD, FAAP,a Nanette Elster, JD, MPH,b Jonathan M. Fanaroff, MD, JD, FAAP,c COMMITTEE ON BIOETHICS, COMMITTEE ON MEDICAL LIABILITY AND RISK MANAGEMENT Increasing use of social media by patients and clinicians creates opportunities abstract as well as dilemmas for pediatricians, who must recognize the inherent ethical and legal complexity of these communication platforms and maintain a Department of Pediatrics, Oregon Health and Science University, professionalism in all contexts. Social media can be a useful tool in the Portland, Oregon; bNeiswanger Institute for Bioethics, Stritch School of practice of medicine by educating both physicians and patients, expanding Medicine, Loyola University Chicago, Chicago, Illinois; and cDepartment access to health care, identifying high-risk behaviors, contributing to research, of Pediatrics, School of Medicine, Case Western Reserve University and Rainbow Center for Pediatric Ethics and Division of Neonatology, promoting networking and online support, enhancing advocacy, and nurturing University Hospitals Rainbow Babies and Children’s Hospital, Cleveland, professional compassion. At the same time, there are confidentiality, privacy, Ohio professionalism, and boundary issues that need to be considered whenever Clinical reports from the American Academy of Pediatrics benefit from potential interactions occur between physicians and patients via social media. expertise and resources of liaisons and internal (AAP) and external reviewers. However, clinical reports from the American Academy of This clinical report is designed to assist pediatricians in identifying and Pediatrics may not reflect the views of the liaisons or the organizations or government agencies that they represent. navigating ethical issues to harness the opportunities and avoid the pitfalls of social media. Drs Macauley and Elster drafted the article; and all authors participated in conception and design of the report, data collection, analysis, and interpretation, and critical revision of the article and approved the final manuscript as submitted. The guidance in this report does not indicate an exclusive course of INTRODUCTION treatment or serve as a standard of medical care. Variations, taking into account individual circumstances, may be appropriate. Increasing use of social media by patients and clinicians creates All clinical reports from the American Academy of Pediatrics opportunities as well as dilemmas for pediatricians, who must recognize automatically expire 5 years after publication unless reaffirmed, the inherent ethical and legal complexity of these communication revised, or retired at or before that time. platforms and maintain professionalism in all contexts. This clinical report This document is copyrighted and is property of the American Academy of Pediatrics and its Board of Directors. All authors have filed is designed to assist pediatricians in identifying and navigating ethical conflict of interest statements with the American Academy of issues to harness the opportunities and avoid the pitfalls of social media. Pediatrics. Any conflicts have been resolved through a process As Parikh et al1 rightly observe, “Connectivity need not come at the price approved by the Board of Directors. The American Academy of Pediatrics has neither solicited nor accepted any commercial of professionalism.” In fact, striking a proper balance may be considered involvement in the development of the content of this publication. an ethical imperative, with the goal that social media (to the extent that it DOI: https://doi.org/10.1542/peds.2020-049685 is used) augment in-person care rather than take the place of it. Address correspondence to Robert Macauley, MD. E-mail: macauler@ More than 300 million people in the United States now use the Internet,2 ohsu.edu with more than 90% of them also using e-mail to communicate.3 With the creation of social media outlets (also known as Web 2.0) at the dawn of To cite: Macauley R, Elster N, Fanaroff JM, AAP COMMITTEE the 21st century, the capacity for sharing information among huge ON BIOETHICS, COMMITTEE ON MEDICAL LIABILITY AND RISK numbers of people with little or no time lag reached new heights. “Social MANAGEMENT. Ethical Considerations in Pediatricians’ Use of Social Media. Pediatrics. 2021;147(3):e2020049685 media” refer to Web-based services that allow users to create personal Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 PEDIATRICS Volume 147, number 3, March 2021:e2020049685 FROM THE AMERICAN ACADEMY OF PEDIATRICS
profiles and post content4 as well as and “digital immigrants” (defined as maintains a list of more than 700 “articulate a list of other users with people born before 1980) and, thus, tweeting AAP members, known as whom they share a connection.”5 have varying understanding and “Tweetiatricians.”17 E-mail and other forms of electronic facility with social media.13 This Overall, 90% of physicians today use communication specifically designed relative unfamiliarity, coupled with social media for professional to be used between a single user and reports of violations of online purposes, including finding and another, such as electronic patient professionalism (which more than reading relevant medical portals, are not considered social 90% of state medical boards have information.18 Social media are media6 and are not the focus of this received, leading to sanctions ranging especially popular with early-career report. Seventy-two percent of from suspension to revocation of the pediatricians who may be more Americans, including 90% of physician’s license15), may cause familiar with digital technology, have teenagers, engage in social media,7–9 some pediatricians to be reluctant to received mentoring in its use during with Facebook among the best known engage with social media. training, or attend conferences in and most frequently used by adults. Avoiding social media, however, which tweeting is encouraged to ask Others include Instagram, Twitter, sacrifices opportunities for questions or provide feedback. Social LinkedIn, Tumblr, Snapchat, and communication, education, and media allow learners to express their Pinterest. Newer social media options advocacy with patients and families. opinions and ask questions without are being created regularly as public As Parsi and Elster16 note, “If we fail fear of embarrassment and has been needs and demands shift.10 Social to engage this technology observed to “flatten the hierarchy” of channels are evolving and changing constructively, we will lose an medicine by giving each person an with time, allowing for instant and important opportunity to expand the equal voice.19 disappearing messages, back-channel application of medical connections, live video streaming, and Patient Education and Advocacy professionalism within contemporary one-to-many communications. Some society.” Both the potential benefits Studies have revealed that 8 in 10 social channels have been specifically and risks of social media need to be Internet users go online for health designed for physician considered to appropriately information,20 and more than half of communication, either with peers, incorporate it into one’s clinical these people get medical information patients, or the public. practice. specifically from social media.21 Because of social media’s ubiquity Social media tools can be used to and ease of use, a high percentage of share relevant and important public patients want or expect to use it to POTENTIAL BENEFITS OF SOCIAL MEDIA health topics and to guide the public, communicate with their physician. In Professional Education and patients, and families who follow a recent Harris Poll survey conducted Collaboration a physician’s channels to creditable on behalf of the American resources that have been reviewed by Faced with multiple competing Osteopathic Association, it was found physicians (such as online media obligations and rigorous productivity that “more than half of millennials articles, blogs, journal articles, or expectations, physicians may need to (54%) and more than four out of 10 important recall or safety consult with colleagues about (42%) adults are or would like to be information). Communication may challenging cases or research current friends with or follow their health range from general advice, such as evidence quickly. Social networking care providers on social media.”11 encouragement to get the seasonal sites can help close this gap, as long Research reveals that patients who do influenza immunization, to broad- as they are compliant with privacy not currently use social media would ranging notifications about public requirements of the Health Insurance consider doing so to improve health emergencies. Portability and Accountability Act physician-patient communication.12 (HIPAA) (which would include Beyond mere ease and scope, This is particularly true of pediatric identity verification and sufficient education via social media may be patients, who as “digital natives” (ie, encryption). Physician-to-physician preferable for patients who have people born or raised in the age of communication can also occur on moved beyond the model of acquiring digital technology13) are more public channels such as Twitter, knowledge from a medical familiar with communicating with through which groups of physicians professional in the clinical workspace. and expressing themselves through congregate and “follow” each other Some patients prefer social media than are many adults.14 for information sharing, thought “disintermediation,” or gathering Pediatricians, however, are, leadership, and advocacy in pediatric information directly from online depending on their generation and public health. The American Academy sources. Recognizing that not every experience, a blend of digital natives of Pediatrics (AAP), for example, such source is trustworthy, physicians Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 2 FROM THE AMERICAN ACADEMY OF PEDIATRICS
can encourage a middle ground. The community health needs. For Increased Patient Access so-called “apomediary model” allows instance, appeals for voluntary blood In regions with inadequate physicians to guide patients to donation on social media can help to infrastructure to support optimal reliable information that they can mitigate acute shortages. Organ telemedicine, social media sites, such access independently before turning donation recruitment has also as Facebook, have been used to their physician for consultation increased in response to Facebook instead.37 Ideally, social media should and clarification.22 appeals.27 not replace face-to-face encounters Social media can also be used to with physicians, but social media may implement advocacy initiatives to Patient Empowerment supplement those encounters by enhance public health. Examples creating virtual clinics, thus allowing Social media have made the world a more rapid response to an urgent include appeals to contact elected smaller and have provided a global health care situation. officials to advocate for policies and community to support patients with legislation that improve the health of special needs and chronic health Clinical Research and Recruitment children and their families and the conditions as well as individuals who promotion of public and community Social media can expand research may be experiencing social isolation health via immunization campaigns. opportunities and connect or discrimination. Peer-to-peer health Recent polls suggest that fully two- researchers to peers, novel ideas, and care affords patients the thirds of Americans believe that potential human subjects or study opportunities to develop a support social media are important for getting participants. Social media tools are network, share experiences, and learn elected officials to pay attention to not only used to broadcast ideas; they about new opportunities for research issues and that social media can also be used to search for or treatment.28 Many private platforms are “at least somewhat information, opinions, and ideas or companies,29,30 including some important for creating sustained simply to listen. Such tools allow focused on pediatrics,31 have such movements for social change.”23 researchers to contact patients with online communities for patients to rare conditions and locate research These social media opportunities are connect with each other and work to subjects lost to follow-up as well as widely accessible to, and can be used systematically improve their health reach out to younger patients who to influence, public opinion, as recent outcomes. Facebook32 and Twitter33 might otherwise not learn about or interference in US elections attests.24 have both allowed the creation of become interested in participating in Opponents of certain medical “supportive disease subcultures.” As research.38 Social media can inform recommendations or public policies one patient noted, “The internet has researchers about patient responses can provide conflicting or inaccurate made our small disease larger and we to treatment and adverse drug effects information that may trigger are able to educate many more people and trigger modifications in discussions and debate.25 Although now.”34 treatment plans.39 currently only 9% of physicians use social media to comment on posts or In addition to fostering community Use of social media in research is participate in group discussions or and providing education, social ethically complex, however. Whereas online chats,18 physicians media also hold the promise of most research studies are developed participating in social media may help improved diagnostics. Patients (and by experienced researchers and prevent misconceptions from their advocates) can now share approved by their organization’s dominating online discussions. reports online of unusual symptom institutional review board or human complexes that have stumped local subjects committee, studies involving Social media can help patients and physicians. These disclosures may social media may bypass this review families understand the range of be similar to diagnostic dilemmas process because social media use is expertise of a given practice and learn among other patients and provide seen as public, thus calling into of additional resources in their physicians with diagnostic clues.26 question whether it is necessary to community. In some cases, with Identifying groups of patients obtain the participants’ informed patient authorization, social media with a common condition can also consent.40 Protection of human can permit the transmission of spur further research on that subjects is critical, however, and personalized information (such as disease’s pathophysiology and researchers who use social media in appointment or medication refill treatment. 35,36 This process has their studies should continue to reminders), which can help improve been likened to crowdsourcing, or follow the policies of their adherence to treatment regimens.26 bringing together the collective institution’s ethics committee or Social media can also benefit patients wisdom of diverse groups of institutional review board. by increasing awareness of patients and physicians.22 Investigators should disclose that Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 PEDIATRICS Volume 147, number 3, March 2021 3
a research study is being considered, indiscriminate queries (sometimes addresses, or other traditionally be clear about the risks and benefits referred to as “patient-targeted verifiable information is not of the research, and, if possible, googling”) present significant ethical a guarantee that one’s identity will obtain consent from potential study complexity and concerns, which will remain anonymous. subjects before proceeding with the be addressed below. study rather than merely lurking to obtain data.38 Without such Nurturing Compassion Through POTENTIAL RISKS OF SOCIAL MEDIA transparency, potential subjects Narrative Inappropriate Self-Disclosure might post personal items on social Medical practice today can be media that they would have kept challenging and exhausting. Sharing Despite the potential benefits of private if they had been aware of the inspirational anonymized patient social media, significant risks remain. research taking place (from stories can nurture compassion One important risk is inappropriate a practical viewpoint, there should be among health professionals, personal self-disclosure by physicians no expectation of privacy for reminding them about why they online, which can negatively impact information voluntarily posted chose the profession in the first a physician-patient relationship or online41). place.47 Humor has also been shown one’s employment. Even if an to prevent burnout,48 and so-called inappropriate posting on social media Identification of and Counseling for “collective venting” can be cathartic.49 is entirely unrelated to one’s medical High-risk Behaviors practice, it nevertheless reflects on By the same token, because social one’s professionalism.55 As the As digital natives, most pediatric media are publicly accessible, American Medical Association Code of patients expect to communicate insufficiently anonymized patient Ethics states, “The ethical obligations through social media. Adolescents, in narratives (and even sufficiently of physicians are not suspended when particular, spend a great deal of time anonymized ones that are written in a physician assumes a position that online42 and may feel more at ease a negative venting tone) may reflect does not directly involve patient sharing personal information in that negatively on the authoring physician. care.”56 This includes online context rather than in face-to-face Even deidentified patient information disclosures, and all professionals, not conversation. Teenagers may also be holds the potential to be hurtful, both just physicians, are judged by how more open to health-related messages to that specific patient and to other they comport themselves online.57 and advice communicated through patients who might fear that their social media.43 Social media can, private information could be shared By its very nature, social media invite therefore, be used to identify self- in a similar manner. Denigrating inappropriate posting because disclosed high-risk behaviors and language is inherently personal and “anonymity can breed explore ways of mitigating risk and reflects poorly on the physician and disinhibition.”58 Some posts are accessing appropriate resources.44,45 the profession of medicine itself.50 clearly inappropriate, such as selfies Such conversations are more There is evidence that sharing of grinning clinicians posing with straightforward when the pediatric dehumanizing narratives and weapons during a humanitarian patient has specifically granted the language begins early in medical mission59 or uncivil microblog posts physician access to material posted training, with medical students (eg, tweets).60 Some posts may be on social media, although such shown to frequently express more ambiguous but in the absence of communication itself raises issues themselves in this way online.51 A nonverbal cues can easily be related to blurring of appropriate majority of medical schools now misinterpreted. Comments boundaries (as discussed below). report unprofessional online addressing patients, as well as those Greater discretion is required conduct.48 For precisely this reason, regarding one’s employer or clinical regarding social media information schools are starting to put forth setting, reflect negatively on both the that is in the public domain. policies regarding social media subject, the poster, and the Acquisition of Important Information expression.52 professional, potentially leading to disciplinary action or even In rare cases, social media have been Even when details are deidentified termination. Tweeting or posting used to obtain specific and important and a patient narrative is expressed from work, especially if excessive, information relevant to patient care. in respectful terms, a majority of may be perceived as not paying For instance, the authors of one case medical educators still believe that attention to clinical duties and may study describe how a Facebook discussing it on social media requires violate institutional policy.61 search allowed a medical team to explicit patient consent.53,54 Given the locate the family of a patient with abundance of readily accessible There are permanent implications to amnesia.46 Taken too far, however, information, nondisclosure of names, such disclosure, too, because despite Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 4 FROM THE AMERICAN ACADEMY OF PEDIATRICS
subsequent attempts to purge one’s belief that the law requires [them] to patient’s self-report, should the online profile, what goes online stays do so.”66 physician raise this issue with the online. Unflattering social media patient directly? How might that Simply having a presence on content may affect a clinician’s future discussion impact the patient’s Facebook could permit a process employment opportunities.62 Despite perception of privacy? Accepting called tagging. Tagging involves this risk, one study revealed that only a friend request may also raise a facial recognition algorithm that one-third of medical students set expectations of off-duty availability or identifies an individual from their Facebook pages to private.63 that clinical questions will be photographs posted online. An This may be significant given that answered via less secure unprofessional pose from a friend’s some institutions may consider social social media. party could end up appearing on media and the content of postings in one’s own Facebook feed. To prevent Recognizing this ethical challenge, promotion and tenure.64 being tagged, Facebook settings can 75% of physicians decline friend be modified. requests from patients18 and only 5% From a specifically pediatric Unfortunately, tagging may also occur have ever initiated one.7 More than perspective, poor digital citizenship from many social media platforms 80% of medical educators believe undermines a pediatrician’s through comments and tweets. Even that it is never or rarely acceptable to important duty to serve as a role if a pediatrician were to elect not to become social networking friends model for patients and families using have a social media presence at all, with patients.53,54 The American social media. The AAP has previously College of Physicians,69 American encouraged pediatricians “to increase others are able to post information and photographs about the physician, Medical Association,26 British Medical their knowledge of digital technology including videos recorded and Association,70 and Federation of State so that they can have a more photographs taken without the Medical Boards15 all discourage educated frame of reference for the physician’s knowledge or consent. For accepting (and certainly initiating) tools their patients and families are this reason, routinely monitoring and friend requests with current or using, which will aid in providing curating one’s online presence is former patients, although the recent timely anticipatory media guidance as recommended. Pediatricians can get American College of Obstetrics and well as diagnosing media-related a sense of their online “footprint,” as Gynecology statement permits some issues should they arise.”42 well as their online “fingerprint” measure of discretion in this area.71 To prevent inappropriate disclosure, generated by their online work and Additionally, some employers it is best to pause before posting by advocacy, by regularly searching their prohibit friending patients. taking a moment to reflect on the online presence. This question becomes more potential impact of a post should it be complex in a pediatric context given seen by one’s colleagues, patients, or Blurring Relationship Boundaries the reliance of pediatric patients on families. It is in a physician’s best As stated above, a recent poll found social media as a forum for interest to consider separating their that most millennials and nearly half expression and communication. It is personal and professional social of adults want to follow or connect generally inadvisable for media presence and efforts. The with a health care provider on social pediatricians to accept friend professional platforms can have media.11 In one study, nearly 20% of requests from current patients (and public settings and content for adult patients attempted to certainly to initiate them). However, education and advocacy, and the communicate with their physician declining a friend request might personal platforms can be set to through Facebook.67 Accepting this seem like it could compromise private. Restricting access to one’s type of relationship can be communication or even give offense private social media accounts may be problematic, however. “Friending” to the requestor. If so, the physician beneficial in light of reports of a few blurs the boundaries of the should meet face to face and talk patients using social media to stalk professional relationship, not only with the requestor and discuss with their physicians.65 It is also wise to heightening the possibility of them why a dual relationship is not remember that online postings are inappropriate physician self- wise or in the patient’s best interest. discoverable in legal proceedings. disclosure68 but also introducing An alternative way to maintain Facebook’s privacy policy clearly a level of mutuality that can communication would be to redirect states that they may “access, preserve undermine a patient’s privacy and the requestor to the pediatrician’s and share your information…in patient-physician interactions. For professional site or a separate response to a legal request (like example, if a physician discovers platform on which no other a search warrant, court order, or something on a patient’s Facebook personal or professional posts subpoena) if [they] have a good faith page that is not consistent with the are made. Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 PEDIATRICS Volume 147, number 3, March 2021 5
Unlike in other specialties, pediatric This does not require an in-person online profiles and biographies patients “age out” of the therapeutic meeting and could conceivably occur whenever possible. relationship with their physicians. online. Although specific Social media present a way for requirements vary from state to state, Confidentiality pediatricians to stay in contact with it is likely that, regarding social The Hippocratic Oath states, “I will former patients. When not doing so is media, the broadest notion of what respect the privacy of my patients, for felt to represent a significant mutual constitutes a physician-patient their problems are not disclosed to loss, it is up to the pediatrician’s relationship could be adopted.71 me that the world may know.” The discretion whether to remain in touch Clinical questions posed through HIPAA Privacy Rule, which covers with former patients via social media. social media could, therefore, “individually identifiable health potentially create a professional Becoming social media friends with information” based on 18 possible obligation with documentation and the parent of one’s patient is also not identifiers, including “full-face follow-up requirements similar to without ethical complexity given that photographic images (and any those of an office visit as well as that the parent is usually tasked with comparable images),”76 also applies a potential liability risk, which may making decisions for the patient and to social media, as do state privacy not be covered by malpractice may be unduly influenced in the laws.50 Physicians have an ethical and insurance. What began as a kind- decision-making by the friend legal obligation to keep protected spirited attempt to offer general relationship. Such friending may also health information confidential. assistance could ultimately result in create an avenue of communication Despite this duty, there have been medicolegal obligations (and that could lead to an unintended reports of physicians sharing details liability), underscoring the need for disclosure of identifiable health about patients or inadequately physicians to be extremely cautious information to the patient and family. deidentifying facts and about health care communications Ethical issues in this friendship may photographs77,78 because even with personal friends and about become even more complicated if the blocked-out faces in photographs may posting anything that could be social media relationship continues still be identifiable. Social media construed as representing a diagnosis once the pediatric patient reaches the postings that reference a medical or treatment. age of majority and the parent is no encounter with a specific time and longer responsible for making Conflict of Interest date could be seen by patients and decisions for the patient. It is, damage trust in the physician-patient As noted above, social media provides therefore, problematic to engage in relationship and likely violate HIPAA. valuable opportunities for health social media contact with parents of advocacy and patient education but To facilitate appropriate use of such patients if social media are the only can also raise the possibility of digital communication, several legal basis of the relationship. conflict of interest. For example, 11% issues need to be addressed. These In some instances, however (such as of physician-written health care blogs include licensure across state lines or small communities or areas in which include named products.73 Tweets international borders,79 adequate the physician and the parent have may involve “suspect promotions.”74 malpractice insurance coverage, other mutual interests), such contact Because using social media is reimbursement for telecare (if can be a normal expression of relatively easy, many more clinicians available), and maintaining friendship. Once again, it is may be tempted to consider a paid confidentiality (because HIPAA also imperative to maintain proper promotion without understanding the applies to social media boundaries by reserving clinical ethical and legal implications of such communications). When a physician discussions for separate forums. conflicts of interest if promulgated is communicating about health care without appropriate disclosure. Such or rendering advice directly to Up to this point the discussion has arrangements have also occurred in patients or families, HIPAA been focused on established patients traditional media and violate compliance requires the use of attempting to become friends on journalistic and educational ethics a secure site with encryption. Facebook, but the reverse process (ie, (not to mention Federal Trade Removing any identifiable patient friends on Facebook becoming Commission regulations75) if not details preserves the patient’s patients) has also occurred. Generally publicly disclosed. Even an individual anonymity and underscores the speaking, a physician-patient message on Twitter (a tweet) allows practice’s compliance with state and relationship consists of a patient pediatricians to include a conflict of federal law. The option of 24/7 seeking assistance in a health-related interest statement despite the 280- patient communication also demands matter and the physician agreeing to character limit. Employment appropriate attention to the undertake diagnosis and treatment.72 relationships should be revealed in physician’s own work-life balance. Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 6 FROM THE AMERICAN ACADEMY OF PEDIATRICS
Impact on Professional Reputation in such reporting, which include information gathered from social media A significant number of patients use having to determine what content sources.54 For example, if an adolescent online rating sites to choose their crosses the line and not wanting patient denies drinking alcohol but has physician. Given the impact of one’s a colleague to get in trouble, may posted on social media about drinking online presence on professional explain why few other codes include to excess, should the pediatrician reputation, it is advisable for this requirement, although it is confront the patient with this newfound physicians to monitor the status of frequently included in social media information? To do so might their online identity.80 Although most guidelines written by hospitals, compromise trust, but not doing so physician ratings are positive,71,81,82 academic centers, and other health might preclude thoughtful intervention. there have been reports of ratings care employers. The other type of information patient- sabotage (ie, fabricated negative Given these concerns, pediatric targeted googling may generate reviews) by competing professionals practices and other health care comes from third-party sources, or disgruntled patients.81 Given the organizations may wish to ranging from news articles to posts anonymity of many reviews, such formulate social media policies for from someone other than the patient. a situation may be difficult to their employees, which can clarify Such non–user-generated Internet remedy.83 expectations, provide valuable tools content presents a different set of and information, and ultimately challenges. First, there is no Responding thoughtfully and protect patient confidentiality guarantee that the information is positively to critical reviews can be and privacy. These policies may accurate. Even if it is, acquiring helpful. Physicians must remember also include expectations and knowledge about a patient that the that patients can post whatever they standards for communicating with patient did not directly provide (and want about a situation, but the patients through social media, may not be aware that the physician physician remains bound by such as response time and is in possession of) threatens to confidentiality obligations. Responses documentation.84 compromise trust. Uncertainty must always be generalized, not specific to an individual. It is Inappropriate Acquisition of remains as to whether to reveal one’s important to recall that HIPAA Information via Social Media knowledge of this information to the regulations prevent physicians from patient, either to confirm its veracity As noted above, there may be disclosing any protected health or engage in discussion about its instances in which social media can information about the patient, content. be used to obtain specific and including acknowledging that the relevant information about patients Before pediatricians engage in person is or was a physician’s patient. (such as the example of locating the patient-targeted googling, it is Unfair or potentially fabricated family of a patient with amnesia important to identify the information reviews can be reported to the rating through Facebook). This practice has they are seeking to acquire and Web site or, depending on one’s work become increasingly common. In one determine if it is of sufficient context, to the public relations study, 1 of 6 pediatric trainees had importance to justify such a search. division of one’s employer. Another conducted Internet or social media Clinton et al87 suggest 6 questions to solution can be to optimize search searches for more information about consider before engaging in patient- engine results so that one’s own a patient, and a similar percentage of targeted googling: practice site comes up first, before faculty believed they would do so if • “Why do I want to conduct this any potentially negative reviews. that might help in patient care.85 search?” Encouraging more patients to review This practice could, however, expand • “Would my search advance or the practice online will likely provide to indiscriminate searches for compromise the treatment?” a balanced and generally information about patients.86 So-called positive view. patient-targeted googling can be • “Should I obtain informed consent motivated by a genuine desire to from the patient prior to The American Medical Association searching?” Code of Ethics not only mandates understand more about one’s patients and perhaps gauge their adherence to • “Should I share the results of the ethical behavior on the part of treatment plans. But it can also stem search with the patient?” physicians but also requires physicians to report unprofessional from “curiosity, voyeurism, and habit.”15 • “Should I document the findings of behavior on the part of their peers.56 Patient-targeted googling can generate 2 the search in the medical record?” This mandate extends to the types of information, the first coming • “How do I monitor my motivations unprofessional use of social media by from the patient directly. Physicians may and the ongoing risk-benefit profile other physicians. Difficulties inherent understandably be unsure how to use for searching?”87 Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 PEDIATRICS Volume 147, number 3, March 2021 7
It is generally advisable to disclose social media policies of their 10. Searching for patient information any relevant patient information health care organization and any through the Internet or social discovered through the Internet or professional society to which media should have a specific social media to the patient so that they belong. purpose with clear clinical everyone is working with the same 5. Independent practitioners relevance. Any information set of facts. This disclosure is should develop social media obtained through this route especially important before entering policies for their practices to should be shared directly with any information gleaned through that protect patients and clarify the patient to maximize route into the patient record.88 expectations. These policies transparency and before should be in writing and widely recording any such information distributed to all staff and in the patient’s chart. CONCLUSIONS clinicians. If restrictions on 11. Pediatricians should monitor Social media can be a useful tool in communicating with patients are their online profile to protect the practice of medicine by educating in place in such policies, this against inaccurate postings. both physicians and patients, should be shared with patients. Negative online reviews warrant expanding access to health care, Given advances in technology, a thoughtful response that identifying high-risk behaviors, these policies should be honors confidentiality contributing to research, promoting reviewed regularly and updated requirements, including the fact networking and online support, as needed. that the reviewer is or was the enhancing advocacy, and nurturing 6. Conflicts of interest, including in physician’s patient. professional compassion. At the same tweets, blog postings, and media 12. Pediatricians should recognize time, there are confidentiality, appearances by pediatricians, that providing specific medical privacy, professionalism, and should be disclosed. advice to an individual through boundary issues that need to be social media may create considered whenever potential 7. Pediatricians should use a HIPAA-compliant secure site a physician-patient relationship interactions occur between that may have documentation, physicians and patients via social with encryption when communicating about health care follow-up, state licensing, and media. The following liability implications. recommendations can help or rendering advice directly to pediatricians use social media patients or families. Individually appropriately and effectively. identifiable protected health LEAD AUTHORS information should not be shared through social media without Robert Macauley, MD, FAAP Nanette Elster, JD, MPH RECOMMENDATIONS documented authorization from Jonathan M. Fanaroff, MD, JD, FAAP the patient or guardian. 1. Pediatricians who choose to use social media should have 8. Before posting on social media, protected health information COMMITTEE ON BIOETHICS, 2019–2020 separate personal and professional social media pages, should be deidentified (and Robert Macauley, MD, FAAP, Chairperson clearly noted to be so) and Ratna Basak, MD, FAAP with patients and their parents presented respectfully. Gina Marie Geis, MD, FAAP directed to the professional page. Naomi Tricot Laventhal, MD, FAAP 2. A pediatrician’s personal page 9. Professional boundaries should Douglas J. Opel, MD, MPH, FAAP should have adequate privacy be maintained in the use of social Mindy B. Statter, MD, FAAP settings to prevent unauthorized media. Accepting (and certainly access. Professional pages should initiating) friend requests from LIAISONS be set to prevent tagging. current patients is discouraged. It Mary Lynn Dell, MD, DMin – American 3. It is wise to pause before posting, is up to the pediatrician’s Academy of Child and Adolescent Psychiatry given that information posted discretion whether to accept such Douglas S. Diekema, MD, MPH, FAAP – online can exist in perpetuity and requests from former patients. It American Board of Pediatrics can be captured and David Shalowitz, MD – American College of may be appropriate to accept Obstetricians and Gynecologists redisseminated by viewers a friend request from a patient’s Nanette Elster, JD, MPH – Legal Consultant before it can be deleted. parent if the physician’s 4. Pediatricians should follow state relationship to that person and federal privacy and extends beyond the clinical STAFF confidentiality laws as well as the environment. Florence Rivera, MPH Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 8 FROM THE AMERICAN ACADEMY OF PEDIATRICS
COMMITTEE ON MEDICAL LIABILITY AND Susan M. Scott, MD, JD, FAAP RISK MANAGEMENT, 2019–2020 Laura J. Sigman, MD, JD, FAAP ABBREVIATIONS W. Michelle Terry, MD, FAAP Jonathan M. Fanaroff, MD, JD, FAAP, AAP: American Academy of Robert A. Turbow, MD, JD, FAAP Chairperson Pediatrics Steven A. Bondi, JD, MD, FAAP HIPAA: Health Insurance Portabil- Richard L. Oken, MD, FAAP ity and Accountability Act John W. Rusher, MD, JD, FAAP STAFF Karen A. Santucci, MD, FAAP Julie Kersten Ake PEDIATRICS (ISSN Numbers: Print, 0031-4005; Online, 1098-4275). Copyright © 2021 by the American Academy of Pediatrics FINANCIAL DISCLOSURE: The authors have indicated they have no financial relationships relevant to this article to disclose. FUNDING: No external funding. POTENTIAL CONFLICT OF INTEREST: The authors have indicated they have no potential conflicts of interest to disclose. REFERENCES 1. Parikh SM, Liu E, White CB. Connectivity 8. Pew Internet Project. Social media fact technologies. Comput Educ. 2011;56(2): need not come at the expense of sheet. 2019. Available at: www. 429–440 professionalism. Acad Med. 2010;85(6): pewinternet.org/fact-sheets/social- 15. Federation of State Medical Boards. 930 networking-fact-sheet. Accessed Model Guidelines for the Appropriate October 16, 2016 2. Statista. Internet usage in the United Use of Social Media and Social States - statistics & facts. 2018. 9. Lenhart A. Mobile access shifts social Networking in Medical Practice. Available at: https://www.statista.com/ media use and other online activities. Washington, DC: Federation of State topics/2237/internet-usage-in-the- 2015. Available at: https://www. Medical Boards; 2012 united-states/. Accessed February 14, pewresearch.org/internet/2015/04/09/ 16. Parsi KP, Elster N. Why can’t we be 2019 mobile-access-shifts-social-media-use- friends? A case-based analysis of and-other-online-activities/. Accessed ethical issues with social media in 3. Statista. E-mail usage penetration in the January 20, 2021 health care. AMA J Ethics. 2015;17(11): United States from 2013 to 2019. 2019. Available at: https://www.statista.com/ 10. Smith A, Anderson M. Social media use 1009–1018 statistics/462159/usa-email-usage- in 2018. 2018. Available at: www. 17. American Academy of Pediatrics. reach/. Accessed February 14, 2019 pewinternet.org/2018/03/01/social- Tweetiatricans. 2019. Available at: media-use-in-2018/. Accessed February https://twitter.com/AmerAcadPeds/ 4. Obar JA, Wildman S. Social media 18, 2019 lists/tweetiatricians. Accessed February definition and the governance challenge: an introduction to the 11. American Osteopathic Association. 15, 2019 special issue. Telecomm Policy. 2015; Survey finds patients want to be friends 18. Modahl M, Tompsett L, Moorhead T. 39(9):745–750 with their physicians on social media. Doctors, Patients, and Social Media. 2018. Available at: https://osteopathic. Waltham, MA: QuantiaMD; 2011 5. Boyd DM, Ellison NB. Social network org/2018/05/14/survey-finds-patients- sites: definition, history, and 19. Hillman T, Sherbino J. Social media in want-to-be-friends-with-their- scholarship. J Comput Mediat Commun. medical education: a new pedagogical physicians-on-social-media/. Accessed 2007;13(1):210–230 paradigm? Postgrad Med J. 2015; May 17, 2019 6. Spooner SA; Council on Clinical 91(1080):544–545 12. Fisher J, Clayton M. Who gives a tweet: Information Technology, American 20. Fox S. Health information is a popular assessing patients’ interest in the use Academy of Pediatrics. Special pursuit online. 2011. Available at: of social media for health care. requirements of electronic health https://www.pewresearch.org/internet/ Worldviews Evid Based Nurs. 2012;9(2): record systems in pediatrics. 2011/02/01/health-information-is-a- 100–108 Pediatrics. 2007;119(3):631–637 popular-pursuit-online/. Accessed 13. Prensky M. Teaching Digital Natives: January 20, 2021 7. Bosslet GT, Torke AM, Hickman SE, Terry Partnering for Real Learning. Thousand CL, Helft PR. The patient-doctor 21. ReferralMD. 24 outstanding statistics & Oaks, CA: Corwin Press; 2010 relationship and online social figures on how social media has networks: results of a national survey. 14. Margaryan A, Littlejohn A, Vojt G. Are impacted the health care industry. J Gen Intern Med. 2011;26(10): digital natives a myth or reality? 2017. Available at: https:// 1168–1174 University students’ use of digital getreferralmd.com/2013/09/healthcare- Downloaded from www.aappublications.org/news at Oregon Health & Science University on March 2, 2021 PEDIATRICS Volume 147, number 3, March 2021 9
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