Text Message (SMS) Consent Policy

Dental Gallery

Effective Date: June 2026

This Text Message (SMS) Consent Policy explains how Dental Gallery uses text messaging as a method of communication and describes your rights, obligations, and the legal requirements governing your consent to receive text messages from our practice. This Policy is intended to ensure compliance with all applicable federal and Texas laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HIPAA Privacy, Security, and Breach Notification Rules (45 C.F.R. Parts 160 and 164), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), the Texas Medical Records Privacy Act (Texas Health and Safety Code Chapter 181), the Texas Health and Safety Code §181.154 concerning electronic disclosures, the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227 and 47 C.F.R. §64.1200 governing automated text messaging, and all other state and federal laws applicable to electronic communications in the healthcare setting. When Texas law imposes stricter requirements than federal law, Dental Gallery follows Texas law.

Dental Gallery uses text messaging to communicate with patients for the purpose of appointment reminders, appointment confirmations, recall notices, incomplete treatment notices, administrative updates, scheduling coordination, office closure notifications, and other non-marketing and deemed reasonably necessary for treatment, payment, or healthcare operations under 45 C.F.R. §164.506. These communications may involve personally identifiable information, limited protected health information, or administrative content necessary to support the patient’s relationship with Dental Gallery. Dental Gallery applies reasonable privacy safeguards to limit the content of such messages.

SMS text messaging is not encrypted and may contain inherent risks to the privacy and security of your information. These risks include the possibility of interception by unauthorized persons, visibility to individuals with access to your mobile device, exposure of message content on a locked or unlocked screen, misdelivery due to incorrect phone numbers, and the accessibility of messages stored on mobile carrier servers or cloud backups. By granting consent, you acknowledge and accept these risks. Dental Gallery may choose not to transmit particularly sensitive information, such as clinical findings, diagnoses, treatment details, imaging results, medical histories, or insurance information, through SMS if doing so would violate HIPAA, Texas privacy law, or Dental Gallery’s professional judgment regarding information security. Patients are responsible for ensuring that the mobile number provided belongs to them or that they have authority to receive communications at that number. Patients acknowledge that text messages may be viewed by authorized users of the device, family members, household members, employers, or other individuals who have access to the mobile device. Dental Gallery is not responsible for disclosures resulting from access by authorized or unauthorized users of a patient’s device. By providing a mobile telephone number and choosing to communicate with Dental Gallery by text message, you authorize and consent to Dental Gallery sending both automated and manual text messages to that number, including appointment reminders, scheduling communications, treatment-related administrative messages, and other communications described in this Policy. Your consent is not a condition of receiving dental care or services.

SMS text messaging is not encrypted and may contain inherent risks to the privacy and security of your information. These risks include the possibility of interception by unauthorized persons, visibility to individuals with access to your mobile device, exposure of message content on a locked or unlocked screen, misdelivery due to incorrect phone numbers, and the accessibility of messages stored on mobile carrier servers or cloud backups. By authorizing and consenting to SMS communications, you acknowledge and accept these risks. Dental Gallery may choose not to transmit particularly sensitive information, such as clinical findings, diagnoses, treatment details, imaging results, medical histories, or insurance information, through SMS if doing so would violate HIPAA, Texas privacy law, or Dental Gallery’s professional judgment regarding information security. Dental Gallery may send text messages to a mobile number provided by you when permitted by applicable law and within the scope of the consent applicable to the communication. Dental Gallery obtains affirmative consent for automated SMS communications when required by applicable law. Patients are responsible for ensuring that the mobile number provided belongs to them or that they have authority to receive communications at that number. Patients acknowledge that text messages may be viewed by authorized users of the device, family members, household members, employers, or other individuals who have access to the mobile device. Dental Gallery is not responsible for disclosures resulting from access by authorized or unauthorized users of a patient’s device.

Dental Gallery does not use SMS text messaging for marketing communications unless you have executed a separate written HIPAA Marketing Authorization under 45 C.F.R. §164.508(a)(3). Marketing communications involving protected health information require explicit, written authorization identifying the nature of the marketing activity, whether remuneration is involved, and the scope of protected health information disclosed. Without such authorization, Dental Gallery will not send marketing content through SMS. Dental Gallery does not sell or disclose your mobile number to third parties for marketing purposes.

Message and data rates may apply depending on your wireless carrier and mobile plan. Dental Gallery is not responsible for charges incurred as a result of receiving SMS text messages. Message frequency may vary depending on scheduled appointments, follow-up needs, incomplete treatment reminders, and administrative communications initiated by Dental Gallery or requested by you.

Standard carrier charges for both outgoing and incoming text messages apply according to your mobile service plan. Text HELP for help. Text STOP to cancel. You may also revoke consent through any other reasonable method that clearly communicates your request to stop receiving text messages.

You may revoke your consent to receive SMS text messages at any time. Revocation may be communicated by texting “STOP” in reply to any message sent by Dental Gallery, sending an email to admin@dentalgalleryfriendswood.com, submitting a written revocation at the practice address listed above, or informing Dental Gallery staff verbally during business hours. Dental Gallery will honor a clear request to stop SMS communications in accordance with applicable law and will update your communication preferences accordingly. Revoking SMS consent does not affect your ability to obtain treatment or access services from Dental Gallery.

Dental Gallery tries to limit SMS message content to non-sensitive information. While Dental Gallery may send limited information relating to appointment logistics, scheduling requests, or nonspecific treatment-related reminders, Dental Gallery does not transmit sensitive clinical information through SMS unless you have initiated such communication and explicitly requested that the discussion continue via SMS despite the inherent risks. Under the Texas Medical Records Privacy Act and Texas Health and Safety Code Chapter 181, such communications may still require additional safeguards. Dental Gallery reserves the right to redirect sensitive or confidential conversations to encrypted email, secure messaging portals, or telephone communication when required by law or when necessary to reduce privacy and security risks. Dental Gallery may also send identity-verification codes or authentication messages associated with secure portal access if applicable.

Third-party vendors or service providers that facilitate SMS communications on behalf of Dental Gallery may be business associates under HIPAA depending on the services provided and their access to protected health information. Dental Gallery enters into Business Associate Agreements with applicable vendors as required by 45 C.F.R. §164.504(e) to ensure that these vendors safeguard protected health information, limit access to authorized personnel, and implement administrative, technical, and physical safeguards consistent with HIPAA and Texas privacy law. Subcontractors of business associates who access protected health information are also bound by the same requirements.

If Dental Gallery discovers or reasonably suspects that a breach of unsecured protected health information occurred through SMS messaging or related systems, Dental Gallery will initiate a breach investigation consistent with federal requirements under 45 C.F.R. §§164.400–414 and Texas Business & Commerce Code §521.053. If a breach is confirmed, Dental Gallery will notify you without unreasonable delay and no later than the deadlines imposed by law. If the breach involves at least 250 residents of Texas, Dental Gallery will also notify the Texas Attorney General as required under Texas law. Notifications will describe the nature of the breach, the information involved, steps taken to mitigate harm, and measures implemented to prevent recurrence.

Patients retain all rights granted under HIPAA and Texas privacy law with respect to electronic communications, including the right to request restrictions on certain uses or disclosures of protected health information, the right to request confidential communications by alternative means or at alternative locations, the right to access and obtain copies of their records, and the right to receive communications in a specific manner as required under 45 C.F.R. §164.522(b).

Dental Gallery will accommodate reasonable requests for alternative communication methods, including encrypted email, telephone communications, or postal mail.

Patients are responsible for maintaining the security of their mobile devices, including the confidentiality of any text messages sent by Dental Gallery. Patients are encouraged to secure their devices through passwords, biometric locks, or other device security measures to reduce the risk of unauthorized access. Dental Gallery is not responsible for text messages accessed by individuals who have possession of or access to the patient’s mobile device.

This Text Message (SMS) Consent Policy does not create contractual rights beyond those established by federal and state privacy laws. Dental Gallery may revise or update this Policy at any time based on changes in technology, applicable laws, or operational practices. Any updates to this Policy will be reflected in the most recent version made available upon request. Dental Gallery will make the current version of this Policy available upon request.

Patients may direct questions, concerns, or complaints regarding this SMS Policy to the Dental Gallery privacy or compliance officer using the contact information provided above. Patients may also file complaints with the Office for Civil Rights of the U.S. Department of Health and Human Services or with the Texas State Board of Dental Examiners if they believe their privacy rights have been violated. Dental Gallery will not retaliate against any individual who files a complaint in good faith.

By providing a mobile telephone number to Dental Gallery and continuing to communicate with Dental Gallery by SMS, you acknowledge receipt of this Policy and authorize and consent to Dental Gallery sending SMS text messages as described herein. This Policy explains Dental Gallery’s SMS communication practices. Any affirmative consent required for SMS communications may be documented separately through Dental Gallery’s patient communications process. Your consent is not a condition of receiving dental care or services.

This Policy is publicly available at the Dental Gallery office and may also be made available electronically through the practice website or other patient communication channels. A copy will be provided upon request.

Our Contact Information:

Dental Gallery
102 W El Dorado Blvd
Friendswood, TX 77546
281-990-8448