…. Are they really legal?
During the course of candidate sourcing in the healthcare staffing industry, legal signatures are required for binding documents between prospective employees and the employer. The volume of paperwork in healthcare staffing credentialing and contracting is typically much greater than in other non-healthcare related fields. The process of sending, receiving, signing, and returning mountains of paperwork was significantly simplified in the year 2000. President Clinton digitally signed into law the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
What does the Law Really Say???
To explain further, this public law provides that, “a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect , validity, or enforceability solely because an electronic signature or electronic record was used in its formation.”
At the State level, the Uniform Electronic Transactions Act (UETA), passed by 48 states, provides much the same protections to electronic signatures and records. The remaining two states have similar legislation covering electronic signatures.
For users questions arise as tithe validity of their “legal mark.” Some processes require a mouse be used in an attempt as a signature, while others require only the typing of the name. The manner in which the statue reads provides for an unspecified number of possible “marks” or other legally binding actions as it states:
The term “Electronic Signature” means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with intent to sign the record.
Just remember, the next time you are asked to “digitally sign” a document with your mouse or written name, it is legally binding!
