Knowing which types of notary processes are best for your healthcare organization can help you assist attorneys during their record requests. These verification methods streamline information release and prepare patient records for court reviews.
Many types of notaries exist, but only one will save your practice the most time and money. Use this guide to determine which notary option is right for your clinic or hospital.
ChartRequest Digital Notary tools are free for eligible partners.
What Is a Notary?
The state commissions healthcare notaries to prevent fraud and verify the authenticity of important documents. These professionals primarily certify medical data, wills, and patient records.
In some cases, notaries require signers to take oaths affirming the integrity of medical records and safeguarding the rights of all parties involved.
4 Types of Notary Models for Hospitals
Taking the time to explore different healthcare notaries is important. Consider your current operations and business policies when seeking the best fit.
Let’s identify the four main types of notary processes healthcare providers use:
1. Wet Notary
A wet notary refers to the conventional practice of signing a document with a pen, followed by a stamped seal by the notary public. The term “wet” denotes using wet ink to produce the signature.
You can avoid many obstacles using this accepted notary service. Wet notaries provide tangible records and are easy to authenticate.
When Is Using a Wet Notary Appropriate?
Wet notarization is a good choice when navigating variables like:
- Patient Comfort and Familiarity: Many patients prefer traditional paper documents and ink signatures during certifications. The process is quick and intuitive, especially for older patients who may not want to use or review unfamiliar digital applications.
- Legal and Regulatory Requirements: States like New York, California, Texas, and Florida require or incentivize wet notarization when executing living wills and healthcare proxies.
- Training Limitations: Wet notarization is a practical option that does not require you to train employees on new software or technology.
Limitations and Challenges of Wet Notary
Wet notarization requires all parties to be present during signing. This rule can create challenges if your signers need to travel or they reside in different cities. Wet notaries may also be impractical if your practice needs urgent notarizations outside regular business hours.
Physical documents are prone to damage and loss. Unauthorized tampering can be another issue you experience before notarizations reach their final destination.
Wet notarization may also incur additional costs during transfers, such as transportation and service fees. Your hospital will need to pay more for paper and office supplies to maintain wet notarization processes.
2. Electronic Notary (e-Notary)
Electronic notarization (or e-Notary) allows the use of digital signatures and seals while requiring the physical presence of both the signer and the Notary. This modern approach bridges the gap between traditional and fully remote notarization.
Additionally, e-Notary effectively eliminates the risks of damage and delays associated with paper-based processes.
A Brief History of Electronic Notary Methods
Different types of notary systems existed during the 20th century. However, electronic notarization emerged as late as the 1990s.
Virginia passed the first law authorizing e-notary use in 2005, encouraging other states to adopt this model. The state introduced RON in 2011, allowing notarizations to occur online. Texas, Nevada, and other states soon adopted similar laws.
The National Notary Association introduced the Model Electronic Notarization Act in 2017 to standardize all practices. Lawmakers also proposed the SECURE Notarization Act at the federal level in 2020 to establish a nationwide framework for RON. The COVID-19 pandemic hastened the adoption of e-notarization, leading many states to authorize or expand its use.
Today, healthcare and legal professionals recognize e-notary and RON as a top choice for secure verifications. Many providers rely on this method to meet the needs of a digitally dependent patient population.
Best Practices for Smooth E-Notary Implementation
Simplify your compliant e-notary experience using the following tips:
- Patient Awareness: Inform your patients about e-notary options and answer questions they might have about security. Laws dictate that you can only notarize documents for sober and alert patients who are capable of understanding their choices.
- Alternative Signatures: Be familiar with the guidelines for alternative signatures, such as using a mark or having a representative sign on behalf of a patient.
- Secure Identity Verification: Use robust methods, such as multi-factor authentication and credential analysis, to verify the signer’s identity.
- Data Security: Protect patient information using devices with HIPAA-compliant encryptions and secure storage for electronic records.
- Training and Certification: Train your staff to comprehend the legal and technical aspects of the e-notary process.
- Use Approved Platforms: Use e-notary and RON platforms that are state-approved. These products should include secure, tamper-evident technology to guarantee the integrity of notarized documents.
3. Mobile Notary
Visiting the notary office can disrupt your operations and delay patient consultations. Fortunately, some types of notary systems prevent setbacks during your work day.
Mobile notaries can travel to your location and provide on-site wet or electronic notarizations.
Perks To Enjoy When Choosing a Mobile Notary
Packing up and leaving your office for a notarization is not ideal. With a mobile notary, you can stay put. Here are a few other perks that you can enjoy with this flexible solution:
- Urgency: A mobile notary can provide prompt verification when a patient signs advanced directives or when medical records need urgent certification for legal use.
- Patient Comfort: Visiting notaries are convenient for patients with physical impairments, who are bedridden, or in critical condition. Patients with these limitations may require a mobile notary to sign off on healthcare powers of attorney or consent forms.
- Privacy and Compliance: A mobile notary will confirm that sensitive documents are secure and compliant with privacy standards.
Considerations and Costs of Using Mobile Notary
The availability of a mobile notary service can be spotty, depending on their network of partners. If your request is urgent or outside regular business hours, book your Notary in advance.
Mobile notaries may charge extra fees for the travel time and distance it takes to reach your location. Discuss all fees beforehand and consider nearby candidates.
Bonus services like document preparation, photocopying, or arranging witnesses will increase the cost of a mobile notary.
4. Remote Online Notary
A remote online notary (RON) is a public notary who performs document verification using live video. The Notary and signer can be in different locations as long as a secure online application can connect both parties.
Whether you manage care plans or deal with protected health information, RON offers an efficient solution for notarizing documents online.
Requirements of a Valid RON Transaction
A valid RON transaction can hasten legal proceedings dependent on notarized medical documents. Involved parties may also incur fewer costs and avoid retracing their steps in the notarization process.
Observe the following requirements to keep a RON transaction valid:
- Use Approved Platforms: Use a RON platform approved by your state’s regulatory body. These platforms must comply with specific security standards.
- Verify Identity: Confirm the signer’s identity using robust identity verification methods, such as knowledge-based authentication questions, credential analysis, and government-issued IDs.
- Record the Session: Record the entire notarization process, including the video conference, to maintain a verifiable transaction record.
- Digital Signatures and Seals: The signer must apply their electronic signatures and a valid notary seal to the documents.
- Training and Certification: Make sure your chosen Notary receives proper training and holds the certifications to perform RON transactions, following state requirements.
What Is the Gray Market?
The gray market refers to states where the legal framework for e-Notary and RON is either unclear or still developing, like South Carolina.
Factors that hinder the total adoption of e-Notary and RON include:
- Temporary e-Notary and RON: Some states temporarily allow digital notarization without a permanent legal framework.
- Unclear Regulations on e-Notary and RON: Legality isn’t always black and white, forcing notaries to interpret these regulations on a case-by-case basis.
- Slow Legislation: Gaps or ambiguities in the law may occur as legislators try to update regulations e-Notary or RON.
- Non-Acceptance: While RON regulations exist in 47 states, some authorities in Delaware and the District of Columbia do not permit other types of Notary besides wet Notary.
How To Find the Right Notary for Your Practice
Notarization mistakes can lead to costly penalties and/or invalidate important documents. A well-qualified notary minimizes the risk of data errors, fraud, or misrepresentation.
If you seek a qualified Notary for your healthcare practice, compare hiring and training an in-house Notary against other methods.
Shopping for different types of notary solutions doesn’t need to be a hassle. Let’s break this process down into a few painless steps:
1. Seek Specialized Experience
You should commission a Notary with experience handling medical records, wills, and powers of attorney. Inquire about their familiarity with sensitive healthcare documents to ensure they understand privacy requirements like HIPAA.
2. Check for Proper Credentials
Your chosen Notary should hold an updated license, bond, and insurance plan corresponding to your state’s laws. You can review these credentials online with your state’s notary authority. For digital or RON, check candidates’ certifications for electronic or remote notarizations.
3. Seek Recommendations
Ask colleagues, legal professionals, or healthcare networks for referrals. Small and large practices can recommend notaries with proven track records suited to your business size and operations.
4. Review Customer Feedback
Examine reviews or testimonials from other healthcare organizations or clients. This step can help your team evaluate a candidate’s professionalism, reliability, and skill.
Compliant Medical Record Notarizations Near You
It’s time to stop stressing about which types of notary system your practice needs to succeed.
Whether you aim to hire a new Notary for your practice or want to help your existing Notary achieve their full potential, ChartRequest Digital Notary can help. Our compliant digital stamps and signature tools are free for our partners.
Reserve a personalized consultation to see if you qualify for our free digital notary tools.
