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SMS/MMS Messaging Policy

Your guide to receiving and managing text message communications from First Choice Medicine Concierge

1. Overview

First Choice Medicine Concierge (“FCMC”) uses SMS/MMS text messaging to communicate important healthcare information, appointment reminders, and service updates to our patients. This SMS/MMS Messaging Policy (“Policy”) explains how we use text messaging, your rights regarding these communications, and how you can opt out or manage your preferences.

This Policy is designed to comply with the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, and applicable healthcare privacy laws including HIPAA.

2. Consent & Opt-In

2.1 How You Provide Consent

You may provide consent to receive SMS/MMS messages from FCMC through:

• Written Consent: Providing your mobile phone number on our new patient registration form
• Electronic Consent: Checking a consent box on our website or patient portal
• Verbal Consent: Providing your phone number and consent during an in-person visit or phone call
• Text-Based Opt-In: Texting a keyword (e.g., JOIN, START, or SIGNUP) to our designated shortcode or phone number

2.2 Prior Express Written Consent

By providing your mobile phone number and consenting to receive SMS/MMS messages, you provide prior express written consent as required by the TCPA. This consent authorizes FCMC to send you text messages using an automatic telephone dialing system (autodialer) or prerecorded voice messages.

2.3 Revoking Consent

You may revoke your consent to receive SMS/MMS messages at any time by:

• Replying STOP, UNSUBSCRIBE, END, or QUIT to any message from us
• Contacting our office at (702) 448-1100
• Sending an email to info@firstchoicemedicine.com
• Updating your communication preferences through our patient portal

Opt-out requests will be processed immediately upon receipt. You will receive a confirmation message confirming that you have been opted out.

3. Types of Messages

We send the following types of SMS/MMS messages to patients who have provided consent:

3.1 Healthcare-Related Messages

• Appointment Reminders: Date, time, and location of upcoming appointments
• Appointment Confirmations: Confirmation when you schedule or confirm an appointment
• Cancellation Notices: Notifications if an appointment needs to be rescheduled or cancelled
• Lab Results: Notifications when lab results are available (details accessed through patient portal)
• Prescription Reminders: Reminders to refill prescriptions or take medications
• Health Tips: General health education and wellness information
• Follow-Up Reminders: Reminders to schedule follow-up appointments or screenings

3.2 Service & Operational Messages

• Billing Notifications: Payment reminders, statement notifications, and payment confirmations
• Service Updates: Changes to office hours, holiday closures, or service interruptions
• New Services: Announcements about new healthcare services or programs
• Patient Portal Notifications: Alerts to check your patient portal for messages or documents

3.3 Marketing Messages (Optional)

• Special Offers: Promotions or discounts on membership plans or services
• Events: Invitations to health seminars, webinars, or community events
• Newsletters: Links to health newsletters or blog content

Marketing messages are sent only if you have specifically opted in to receive marketing communications. Healthcare-related and operational messages are sent regardless of marketing consent, as they are necessary for your care and our healthcare operations.

4. Message Frequency

The frequency of messages you receive depends on your appointment schedule, communication preferences, and the types of messages you have consented to receive:

Message Type	Typical Frequency
Appointment Reminders	1-2 messages per appointment (1 week prior, 1 day prior)
Lab Results	1 message per result set (varies by testing)
Prescription Reminders	1-2 messages per month
Health Tips	1-2 messages per week
Marketing Messages	1-4 messages per month

Average Total Frequency: Most patients receive 2-4 messages per week on average. Frequency may increase during periods of active treatment or decrease between appointments.

5. Message and Data Rates

6. Opt-Out Instructions

6.1 How to Opt Out

You may opt out of receiving SMS/MMS messages at any time by replying with one of the following keywords:

• STOP – Stop all messages
• UNSUBSCRIBE – Unsubscribe from marketing messages
• END – End message subscription
• QUIT – Quit message program
• CANCEL – Cancel message subscription

6.2 Confirmation of Opt-Out

After you reply with a stop keyword, you will receive a confirmation message:

“You have successfully opted out of SMS/MMS messages from First Choice Medicine Concierge. If you did not intend to opt out, please reply START to resubscribe. For help, reply HELP or call (702) 448-1100.”

6.3 Re-Subscribing

If you have opted out and wish to re-subscribe to SMS/MMS messages, you may:

• Reply START, JOIN, or SIGNUP to our number
• Text an opt-in keyword (if available)
• Contact our office to re-enroll

6.4 Opt-Out Limitations

After opting out, you will no longer receive SMS/MMS messages, including appointment reminders. We will continue to communicate with you through other channels (email, phone, patient portal) for essential healthcare communications.

7. Help & Support

7.1 Requesting Help

If you need assistance with SMS/MMS messaging or have questions about this Policy, you may:

• Reply HELP to any message from us
• Reply INFO to request our contact information
• Call our office at (702) 448-1100
• Email us at info@firstchoicemedicine.com

7.2 Help Response

When you reply with HELP, you will receive a message with:

• Our contact information
• Instructions on how to opt out
• Instructions on how to re-subscribe
• A link to this Policy

8. TCPA Compliance

Our SMS/MMS messaging practices are designed to comply with the Telephone Consumer Protection Act (TCPA) and related regulations. Key TCPA provisions we adhere to include:

• Prior Express Written Consent: We obtain your consent before sending marketing SMS/MMS messages
• Consent Not a Condition: Consent is not required as a condition of purchase or service
• Right to Revoke: You may revoke consent at any time through simple opt-out mechanisms
• Opt-Out Mechanism: We provide a clear and easy opt-out method (STOP, UNSUBSCRIBE, etc.)
• Business Hours: Marketing messages are sent only during reasonable hours (9:00 AM to 8:00 PM local time)
• Identification: Messages clearly identify First Choice Medicine Concierge as the sender

9. HIPAA & Privacy

SMS/MMS messages containing health information are designed to comply with HIPAA privacy and security regulations:

• We limit the amount of protected health information (PHI) included in text messages
• Sensitive health information is communicated through our secure patient portal, not SMS
• Messages may include appointment details, reminders, and general health information
• Detailed lab results and clinical notes are not sent via SMS for privacy protection
• We use secure messaging platforms and encryption where available

Security Warning: SMS/MMS messages are transmitted over carrier networks and may be stored on your device. To protect your privacy:

• Keep your mobile device secure with a passcode or biometric lock
• Delete messages containing sensitive health information after reading
• Do not forward health-related messages to others without your consent
• Be aware that others may see message notifications on your locked device

10. Data Collection & Storage

10.1 Information Collected

For SMS/MMS messaging purposes, we collect and store:

• Your mobile phone number
• Your consent timestamp and method (written, electronic, or verbal)
• Message timestamps and content (for healthcare operations and legal compliance)
• Opt-out or opt-in history
• Message delivery status (sent, delivered, failed)

10.2 Data Retention

SMS/MMS message logs and associated data are retained in accordance with medical record retention requirements (10 years from last date of service, per Nevada law) and HIPAA regulations.

10.3 Service Providers

We use third-party SMS/MMS service providers to send messages on our behalf. These providers are contractually obligated to protect your information and comply with HIPAA and TCPA requirements. We do not sell or rent your mobile phone number to third parties for marketing purposes.

11. Wireless Carrier Changes

If you change your mobile phone number or wireless carrier, please notify us so we can update our records. Messages sent to your old number may not be delivered and may be received by the new owner of that number.

To update your contact information:

• Call our office at (702) 448-1100
• Update your information through our patient portal
• Inform us during your next visit

12. Short Codes vs. Standard Phone Numbers

FCMC may use standard 10-digit phone numbers or short codes (5- or 6-digit numbers) for SMS/MMS messaging:

• Standard Phone Numbers: 10-digit numbers like (702) 448-1100
• Short Codes: Short numbers like 123456

Both types function similarly for messaging purposes. Save our number in your contacts to easily identify messages from us.

13. International Messages

Currently, FCMC only sends SMS/MMS messages to U.S. mobile numbers. We do not send international text messages. If you are traveling internationally, you may still receive messages but may incur roaming charges from your carrier.

14. MMS Messages

Most messages we send are SMS text-only messages. We may occasionally send MMS messages containing:

• Images or graphics (e.g., maps to our office)
• Links to videos or resources
• Cards with images (e.g., appointment cards)

MMS messages may incur higher charges from your carrier depending on your service plan.

15. Modifications to This Policy

We may modify this SMS/MMS Messaging Policy from time to time. Material changes will be communicated to you via SMS/MMS message, email, or posting on our website. Your continued participation in our SMS/MMS messaging program after the effective date constitutes acceptance of the updated Policy.

16. Contact Information

Contact Us

Business Name: First Choice Medicine Concierge

Physician: Dr. Ivan Goldsmith, MD

Address: 11251 S Eastern Ave Suite 150, Las Vegas, NV 89052

Phone: (702) 448-1100

Email: info@firstchoicemedicine.com

Website: firstchoicemedicineconcierge.com

For SMS/MMS Messaging Questions:

• Reply HELP to any message
• Call (702) 448-1100
• Email info@firstchoicemedicine.com

To File a Complaint:

If you believe our SMS/MMS messaging practices violate the TCPA or your privacy rights, you may file a complaint with:

• The Federal Communications Commission (FCC) Consumer Complaint Center
• The Federal Trade Commission (FTC)
• Your state Attorney General’s office

Last Updated: June 2025