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electronic-signature

Implementation Legal for electronic Signature for consent in USA?


I am working on a web application for disabled individuals who might need a consent form filled in by the responsible party for treatment in a medical center.

My idea is to have the clinician fill in the email addresses for responsible party and have a one-time link sent over. The responsible party gets the email and clicks on the link and views the document. Then they fill in their name and click consent, the link is removed and action is recorded. The clinician gets a confirmation and a web page to view the names of the parties consenting and time they have consented.

Is the above enough legally for the consent? Do we need more documentation to say that the third party has given their consent?


Solution

  • Yes. In most states the intention for consent is sufficient to establish consent in court. Just make sure that it cant be modified afterwards. I'll try to find you a citation of this information somewhere.

    Here you go, under general intent: https://en.wikipedia.org/wiki/Electronic_Signatures_in_Global_and_National_Commerce_Act

    Your signature will most likely fall under "generic electronic signature" and not "secure electronic signature". Make sure you research some more and cover your butt. Think about what you will do if they say they never clicked on your link, or that they clicked it by accident, etc.