Q: Is it appropriate to use text messaging on cellular phones to relay patient data between caregivers (e.g., nurse to physician)?
HIPAA Weekly Advisor, October 15, 2007
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A: No. Unless the sending and receiving phones have encryption capabilities, the data are open to interception, corruption, and inappropriate disclosure. All communication of PHI, whether electronic or nonelectronic, must be secure while in transit and at both the sending and receiving ends. This means you can send PHI via e-mail, over a wireless network, etc., as long as the connection is secure. At the very least, you must encrypt PHI transmitted over an open network such as the Internet or nonsecure wireless connection. This also holds true with respect to text messaging with cellular phones.
Editor's note: Chris Apgar, president of Portland, OR-based Apgar & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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