Consent for photography: legal issues

29 Consent for photography


legal issues








Regulation


The US standards for privacy of individually identifiable health information, also known as the final Privacy Rule from HIPAA 1996, address photographs and similar images both directly and indirectly.


Section 160.103 defines health information in a manner that implies inclusion of patient photography:




According to Section 164.514(b)(2), Implementation Specifications: Requirements for Identification of Protected Health Information, photographic and comparable images are explicitly noted as an item to be removed during de-identification in order for records to avoid the protected health information status and fall outside the regulations:




The US Joint Commission on Accreditation of Healthcare Organizations and other similar organizations do advise that informed consent should be obtained from patients for purposes of patient photography. In the event that photographs are obtained prior to securing patient consent, they should be sequestered from use or release pending receipt of an appropriate consent.


The Joint Commission further advises that a confidentiality commitment be signed by anyone conducting filming or videotaping. This would be especially important to recognize when outsiders are involved because many organizations already require employees to sign annual confidentiality statements that should include patient photography within the commitment.


In offices where cosmetic fillers are given, patient photography is used routinely to document patient care. In such a setting, the practice of patient photography should be included in the US HIPAA-mandated notice of information practices, as well as in the consent for treatment signed by all patients. It is advised that a consent paragraph, such as the one below, be routinely used.



It should be noted that such consent does not authorize the use of the images for other purposes, such as teaching or publicity. A separate consent for photography form should be used for such purposes.


In addition, HIPAA regulations require patient authorization for the release of protected health information, which includes patient photography, for purposes beyond treatment, payment, and healthcare operations.


Since photography is routinely undertaken when dermal fillers are injected, the above paragraph may be incorporated into the consent form for that procedure.






Mar 12, 2016 | Posted by in General Surgery | Comments Off on Consent for photography: legal issues

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