SMS Privacy Policy

1. Introduction & Scope

This SMS Privacy Policy ("SMS Policy") supplements the Tejas Health Care Privacy Policy and Terms and Conditions and explains specifically how we collect, use, protect, and disclose information in connection with our SMS and text messaging program ("SMS Program"). This policy describes our practices regarding mobile phone numbers and text message communications and outlines your rights and choices with respect to SMS communications from Tejas Health Care ("we," "our," or "us").

This SMS Policy applies to all SMS and MMS text messages sent by or on behalf of Tejas Health Care to patients and individuals who have provided their mobile phone number and consented to receive text communications from us. This policy covers appointment reminders, health alerts, prescription notifications, billing messages, and any other text-based communications from our practice.

2. Consent & Opt-In

Tejas Health Care sends SMS and MMS text messages only to individuals who have provided prior express consent to receive such communications. By providing your mobile phone number to Tejas Health Care — whether through our Website, Patient Portal, patient intake forms, appointment request forms, or during registration at our office — and indicating your agreement to receive text messages, you are giving your express written consent to receive SMS communications from us.

Your consent to receive SMS messages is not a condition of receiving medical treatment or services from Tejas Health Care. You are not required to consent to SMS communications to become a patient or to receive care.

Types of SMS messages you may receive after providing consent include, but are not limited to:

• Appointment confirmation and reminder messages
• Appointment cancellation or rescheduling notifications
• Prescription refill reminders and pickup notifications
• Pre-appointment instructions (fasting, paperwork, etc.)
• Lab test result notifications (notification that results are available — results themselves are not sent via SMS)
• Annual checkup and preventive care reminders
• Billing and payment notifications
• Insurance verification requests or follow-ups
• Health education tips and wellness reminders
• Clinic closure, holiday schedule, or weather-related announcements
• Patient satisfaction surveys
• Flu shot and vaccination clinic announcements

3. Information Collected Through SMS Program

In connection with our SMS Program, we collect and maintain the following types of information:

• Mobile Phone Number: The wireless phone number you provide to receive SMS messages from us.
• Message Content: The content of text messages you send to us, including any personal or health information you choose to include in your replies.
• Message Metadata: Technical data associated with SMS delivery, including message delivery status, timestamps, and your mobile carrier information.
• Opt-In Records: Records of your consent to receive SMS messages, including the date, time, and method by which you provided consent.
• Opt-Out Records: Records of any requests to stop receiving SMS messages, including the date and time of opt-out requests.
• Communication Preferences: Your stated preferences regarding SMS message frequency, types, and timing.

If your SMS message contains Protected Health Information (PHI), it is protected under HIPAA in the same manner as all other PHI we maintain. Please be aware that standard SMS messages are not encrypted end-to-end and may be accessible to your mobile carrier. Exercise caution when including sensitive medical information in text message replies.

4. How We Use Mobile Information

We use your mobile phone number and SMS-related information strictly for the following purposes:

• Sending Authorized Messages: Delivering the types of SMS and MMS messages described in Section 2 above to which you have consented.
• Managing Communication Preferences: Processing your opt-in and opt-out requests and maintaining accurate records of your communication preferences.
• Message Delivery & Quality: Monitoring message delivery rates, troubleshooting delivery issues, and improving the performance and reliability of our SMS Program.
• Patient Care Coordination: Integrating appointment confirmations and reminders into your overall care management.
• Legal Compliance: Maintaining opt-in/opt-out records as required by the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, and applicable Federal Communications Commission (FCC) regulations.
• Healthcare Operations: Using aggregated, de-identified SMS delivery data for operational analysis and program improvement as permitted by HIPAA.

5. No Sharing or Selling of Mobile Information

Consumer information is not shared with third parties for marketing purposes. We do not sell, rent, lease, trade, share, or otherwise disclose your mobile phone number or SMS consent status to any third party for their marketing or promotional purposes. Period.

Your mobile phone number and related SMS data are never:

• Sold, rented, or shared with third-party data brokers, marketers, advertisers, or list services
• Transferred to any third party for the purpose of that third party sending marketing or promotional text messages to you
• Shared with affiliates, partners, or any other entity for their own marketing or promotional use
• Combined with data from other sources and sold as part of an aggregated data set
• Shared with any third party for lead generation purposes

The only circumstances under which your mobile phone number may be disclosed are:

• Service Providers: To third-party SMS gateway and messaging platform vendors that deliver text messages on our behalf. These vendors act as our Business Associates under HIPAA (where applicable) and are contractually bound to use your information only to provide services to us, to protect your information in accordance with this SMS Policy, and to comply with all applicable laws including the TCPA.
• Legal Requirements: When required by valid legal process, court order, subpoena, or governmental request, or to protect the rights, property, or safety of Tejas Health Care, our patients, or the public, as permitted by HIPAA.
• Treatment & Healthcare Operations: To other healthcare providers involved in your treatment (such as referral specialists) who need to contact you regarding your care, as permitted by HIPAA.
• With Your Consent: To any other party with your prior written authorization.

6. Telephone Consumer Protection Act (TCPA) Compliance

Tejas Health Care's SMS Program is designed and operated in full compliance with the Telephone Consumer Protection Act (47 U.S.C. § 227), its implementing regulations at 47 C.F.R. § 64.1200, and applicable FCC rulings and declaratory orders. We take our TCPA obligations seriously and have implemented the following compliance measures:

• Prior Express Written Consent: We obtain your clear, affirmative consent before sending any SMS messages. Consent is documented and retained in accordance with FCC recordkeeping requirements.
• Clear Disclosure at Opt-In: At the time you provide your mobile number and consent, we clearly disclose: (a) that you will receive text messages from Tejas Health Care; (b) the types of messages you may receive; (c) that message and data rates may apply; (d) the approximate frequency of messages; and (e) instructions for opting out.
• No Automated Dialing for Unsolicited Messages: We do not use automatic telephone dialing systems (autodialers) to send marketing or promotional text messages. Automated messaging systems are used only for transactional and healthcare-related messages to which you have consented.
• Healthcare Exception: Certain appointment reminders, prescription notifications, and other healthcare-related messages may be sent under the "healthcare treatment" exemption to TCPA consent requirements, provided such messages meet the criteria established by the FCC. These messages are limited in scope, do not include marketing content, and comply with all applicable FCC conditions.
• Opt-Out Rights: You may revoke your consent and opt out of SMS messages at any time, as described in Section 7 below.
• Do Not Call Compliance: We honor all opt-out requests promptly and maintain internal do-not-text lists that are checked before any message campaign is initiated.

7. Opting Out of SMS Messages

You may revoke your consent and opt out of receiving SMS and MMS text messages from Tejas Health Care at any time. We make opting out simple and immediate:

• Reply STOP: Text the word STOP, END, CANCEL, or UNSUBSCRIBE to any text message you receive from us. You will receive a confirmation text acknowledging your opt-out, and you will not receive any further SMS messages from us.
• Reply HELP: Text HELP to any message for information about the SMS Program, message frequency, and instructions for opting out.
• Contact Us Directly: Call us at (877) 768-1101 or email us at support@tejashealth.org to request removal from our SMS messaging list.
• Update Patient Portal Preferences: Log in to your Patient Portal account and update your communication preferences to disable SMS notifications.
• In Person: Notify the front desk staff at your next visit that you wish to stop receiving text messages.

After you opt out, we will process your request promptly — typically within one (1) business day. You may receive one final confirmation message acknowledging your opt-out. Please note that opting out of SMS messages will not affect other forms of communication, such as phone calls or emails, unless you separately opt out of those channels. If you wish to resume receiving SMS messages after opting out, you may re-enroll by providing consent again through any of our standard opt-in methods.

8. Message Frequency & Rates

The frequency of SMS messages from Tejas Health Care varies based on your engagement with our practice and the types of messages you have consented to receive. Typical message frequency:

• Appointment reminders: 1–2 messages per scheduled appointment
• Prescription notifications: 1–2 messages per prescription event
• Preventive care reminders: 1–2 messages per year
• Billing messages: As needed, typically 1–3 messages per billing cycle
• Clinic announcements: Infrequent (typically no more than 1–2 per month)
• Health tips: At your election, up to 2 per month
• Surveys: No more than 2 per year

Message and Data Rates May Apply. Standard message and data rates from your mobile carrier may apply to messages we send and to messages you send to us. You are responsible for any charges from your mobile carrier. Please consult your mobile service agreement for details about your messaging plan and any applicable charges. Tejas Health Care is not responsible for any charges, fees, or overage costs incurred as a result of receiving SMS messages from us.

9. CTIA Messaging Principles & Best Practices

Tejas Health Care's SMS Program adheres to the CTIA (Cellular Telecommunications Industry Association) Messaging Principles and Best Practices, including:

• Consumer Opt-In: We obtain clear consumer consent before sending any SMS messages. Opt-in is specific to our SMS Program and not bundled with other consents.
• Transparency: We clearly identify ourselves as the sender in all SMS messages. Our messages include our practice name and relevant context so recipients always know who is messaging them.
• Message Content: We ensure all SMS content is appropriate for the healthcare context and respects patient privacy. Protected health information is not disclosed in SMS messages except as authorized by the patient.
• Opt-Out Mechanism: All messages include clear opt-out instructions, and we honor all opt-out requests promptly.
• SHAFT Content: We do not send content related to Sex, Hate, Alcohol, Firearms, or Tobacco (SHAFT) via SMS, nor do we send any content that would be illegal or inappropriate under applicable laws and CTIA guidelines.
• Security: We use commercially reasonable security measures to protect mobile numbers and message content from unauthorized access or disclosure.

10. Security of SMS Communications

While we take reasonable measures to protect the information transmitted through our SMS Program, you should understand the inherent security limitations of SMS and MMS text messaging:

• Standard SMS and MMS messages are not encrypted during transmission over carrier networks. Depending on your mobile carrier's practices, messages may be stored on carrier servers.
• Messages sent to your mobile device may be visible to anyone with access to your device. We recommend securing your mobile device with a passcode, fingerprint, or facial recognition lock.
• We strongly encourage you not to include sensitive personal health information in SMS replies. For communications requiring the exchange of detailed medical information, please use our secure Patient Portal or contact us by phone.
• If your mobile phone number changes, you are responsible for notifying us of your new number and for notifying your mobile carrier that your old number should no longer be associated with your account, to prevent messages intended for you from being sent to someone else who may be assigned your old number.

We retain SMS-related records (including consent records, message logs, and opt-out records) in accordance with our general data retention policies and applicable healthcare record retention requirements. Electronic SMS records are retained for the same period as your general medical records unless a longer retention period is required by the TCPA or other applicable law.

11. SMS Communications with Minors

Tejas Health Care provides pediatric and family healthcare services to minor patients. In accordance with our general Privacy Policy and applicable law:

• SMS messages regarding minor patients are sent only to the mobile phone numbers provided by the patient's parent or legal guardian.
• We do not knowingly send SMS messages directly to the mobile devices of children under the age of 13 without verifiable parental consent.
• Minor patients aged 13–17 may receive SMS communications directly only with documented parental or guardian consent, and only for services where direct communication is clinically appropriate and legally permitted.
• Parents and legal guardians may manage their minor child's SMS communication preferences through the Patient Portal or by contacting our office.

12. Changes to This SMS Privacy Policy

We reserve the right to modify or update this SMS Privacy Policy at any time. Changes will be effective immediately upon posting the updated policy on our Website with a revised "Last Updated" date. If we make material changes to this SMS Policy that affect your rights or our obligations, we will notify you through a prominent notice on our Website, through our Patient Portal, or — where appropriate — via SMS message itself. Your continued receipt of SMS messages following the posting of changes constitutes your acceptance of the revised SMS Policy, provided that material changes will not be applied retroactively to messages sent before the effective date.

We encourage you to review this SMS Privacy Policy periodically to stay informed about how we are protecting your mobile information.

13. Contact Information & Filing a Complaint

If you have questions, concerns, or complaints about this SMS Privacy Policy or our SMS messaging practices, or if you wish to report a privacy violation, please contact us:

You may also file a complaint with the Federal Communications Commission (FCC) regarding unwanted text messages at consumercomplaints.fcc.gov or by calling 1-888-225-5322. If your complaint relates to the privacy of protected health information, you may also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights as described in our Privacy Policy. We will not retaliate against you for filing a complaint.

14. Related Policies & Documents

This SMS Privacy Policy should be read together with our other legal policies and notices, which provide a complete picture of how we handle your information:

• Privacy Policy — Our general privacy policy covering all personal and health information collected through our Website, Patient Portal, and Services.
• Terms and Conditions — The terms governing your use of our Website and Services.
• Notice of Privacy Practices — Available at our offices and upon request, detailing how we use and disclose Protected Health Information under HIPAA.

In the event of any conflict between this SMS Privacy Policy and our general Privacy Policy with respect to SMS and mobile messaging, this SMS Privacy Policy shall control for SMS-specific matters. For all other privacy matters, our general Privacy Policy shall control.