Joint Commission clarifies patient filming issue
The patient confidentiality standards from the Joint Commission on Accreditation of Healthcare Organizations were revised in late July.
The revision came about following a debate over privacy issues involving a cable television series and the show’s rights to film in emergency departments. As a result, hospitals can allow filming only if the patient or the patient’s family consents.
Get OK before consent
Filming can occur, however, if the patient or family cannot provide immediate consent, but consent must be obtained prior to broadcasting or using the tape in any capacity. The Joint Commission also states that hospitals must notify patients when filming may occur and suggests that signs be posted in areas where filming will occur.
The explanation follows by first presenting the issues, followed by clarifications:
Issues
1. Can staff of a health care organization (HCO) or their designated agent film or videotape patient care activities in the emergency department? (Yes; see full answer below.)
2. Do hospital staff have to get a patient’s consent to film or videotape their care while it is being provided? (Yes; see full answer below.)
3. Does the HCO have to control or otherwise sequester the film or videotape until informed consent is obtained before using the film or videotape for educational purposes? (Yes, see full answer below.)
4. What happens if consent is not given to use an individual patient’s portion of the film or videotape?
5. What ways may a HCO inform its patients that filming or videotaping may occur during their visit to the emergency department?
Clarificatio
1 and 2. Yes, it is appropriate to film or videotape patient care activities in the emergency department, provided patients — or their family members or surrogate decision makers — give informed consent.
In a situation where the patient is comatose or otherwise unable to give informed consent and no surrogate decision maker is available, the hospital may film or videotape itself or retain another to film or videotape patient care activities within a policy stating informed consent is required before that patient’s film or videotape can be used for any purpose. Anyone who films or videotapes must sign an appropriate confidentiality commitment.
3. Yes, the film or videotape must remain in the physical possession of the HCO and not be released to anyone else or used for educational or other purposes until appropriate informed consent is obtained. This means anyone who is not an employee of the HCO who does the filming or videotaping cannot have the organization’s film or tape or a copy of the film or videotape until consent is obtained.
4. The expectation is that the HCO retains control of the film or videotape until consent is obtained. If consent is not given, then the patient is either removed from the film or videotape or the film or videotape is destroyed.
5. The HCO has an obligation to inform the community it serves that filming or videotaping may be occurring when emergency services are provided. Examples include posting "be aware" signage that "filming or videotaping is under way," posting "advance notice" signage in the public areas of the hospital and the emergency department (in the lobby or waiting rooms) including filming or videotaping possibility in HCO advertisements.
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