New York patient portrayals need written authorization and disclaimers

What the source requires

New York permits testimonials and portrayals of patients only where "the patient or client expressly authorizes the portrayal in writing", "appropriate disclosure is included to prevent any misleading information or imagery", and "reasonable disclaimers are included as to any statements made or results achieved in a particular matter". Fictional situations are permitted only where no testimonials are included, and "fictional client testimonials are not permitted".

Why this is hard to satisfy

This is a second jurisdiction requiring written authorization before a patient may be portrayed, and practices treat a signed release for the photograph as covering the testimonial too. The disclaimer and disclosure conditions are separate requirements that almost never appear alongside the quote.

What we do about it

Check each testimonial or portrayal for a matching written authorization in the rights ledger, and for the presence of disclosure and results disclaimers. Bounded rather than deterministic: identifying what counts as a testimonial, and whether a disclaimer is adequate, is judgement over a stated policy rather than a string match.

In build · phase two