Can physicians openly discuss EHR issues?

This resource is part of the AMA's Debunking Regulatory Myths series, supporting AMA's practice transformation efforts to provide physicians and their care teams with resources to reduce guesswork and administrative burdens.

Physicians are restricted from openly discussing EHR issues such as those related to usability and interoperability.

Physicians, health care organizations, clinical staff, researchers, patients, and all other users of electronic health records (EHRs) cannot be restricted by vendors or developers from openly discussing topics related to usability, interoperability, security, user experience, developer business practices, and the way that a user has utilized the technology.¹

EHR users may openly discuss these topics with a few exceptions. For instance, vendors may restrict users from public communication that involves such aspects as premarket testing and development. 

Further, screenshots and videos may be shared, but only to the extent required to adequately communicate about a particular relevant health IT issue such as the usability or interoperability of an EHR.¹

1. Office of the National Coordinator for Health Information Technology. Explained: The Communications Condition of Certification. HealthIT.gov. Published 2022. Accessed January 20, 2023. https://www.healthit.gov/sites/default/files/page/2022-12/Communications_Condition_of_Cert_Fact-sheet_508.pdf
2. Download this myth: EHR Gag Clauses (PDF)

1. Office of the National Coordinator for Health Information Technology. Explained: The Communications Condition of Certification. HealthIT.gov. Published 2022. Accessed January 20, 2023. https://www.healthit.gov/sites/default/files/page/2022-12/Communications_Condition_of_Cert_Fact-sheet_508.pdf

Visit the overview page for information on additional myths.

Disclaimer: The AMA's Debunking Regulatory Myths (DRM) series is intended to convey general information only, based on guidance issued by applicable regulatory agencies, and not to provide legal advice or opinions. The contents within DRM should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues. Additionally, all applicable laws and accreditation standards should be considered when applying information to your own practice.