SEP 2017

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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LEGAL ISSUES | By Allyson Avila © GETTY IMAGES 18 SEPTEMBER 2017 | Med Esthetics All types of businesses need an online presence to remain competitive and reach potential customers. This is especially true for medical practices that offer elective cosmetic treat- ments. Prospective patients seeking aesthetic enhancements typically fi rst turn to the Internet for information and educa- tion. Practitioners who share procedure videos, patient testi- monials and blog posts with before-and-after images on the latest treatment modalities are often rewarded with increased bookings. But before you start posting demonstrations, im- ages or advertisements that feature your patients, consider the legal risks—and put processes in place to mitigate them. Two distinct legal claims can be brought against a practice that shares patient images online: 1) invasion of privacy through misappropriation of name or likeness, and 2) viola- tion of the right of publicity, which relates to the right of a person to control and make money from the commercial use of his or her identity. To protect yourself and your practice, you need to create a comprehensive "Release and Informed Consent" form with your attorney and secure the patient's signature prior to sharing images or video. This document must give the provider, any licensees, designees and assignees the absolute and irrevocable right and permission to photograph, fi lm, videotape, audio record and/or portray the patient's name, voice, image, actions and/or likeness for use and exploita- tion in connection with medical education and the practice, Online Content and Informed Consent Practices that share procedure videos and outcomes online must obtain the proper consent and permission from patients.

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