Policy AD-150 Audio and Video Recording of Patient Visits 2024-04-19

Purpose

Westside Family Healthcare (Westside) recognizes the potential value to patients of being able to make audio and video recordings of their interactions with their health care team. Westside also recognizes the privacy rights and concerns of patients and others present during patient visits. The purpose of this policy is to define the circumstances under which Westside permits individuals to make recordings during patient visits.

Policy

Any patient or visitor accompanying the patient (such as a family member, friend, or caregiver) who wishes to create an audio and/or video recording inside any Westside patient examination or treatment room during a patient visit may do so as long as they obtain the consent in advance of everyone present in the room. If anyone present in the room objects to the recording, Westside will request that the individual not proceed with recording.

Westside staff may only make a video or audio recording of a patient visit if requested by and doing so on behalf of the patient. (The exception to this is if participating in a research or investigational activity, which requires formal consent and is addressed in a separate policy.)

Westside encourages patients to protect the confidentiality of their provider-patient communications by not sharing recordings with anyone who is not involved in the patient’s care.

To protect the privacy of patients and staff, Westside does not permit the making of video or audio recordings in patient waiting areas or other common areas, except for audio and video recordings made during press conferences or other special Westside events held at clinical office locations.

Live streaming of interactions with a healthcare team or team member is prohibited unless expressly approved by the Chief External Affairs and Communications Officer and the HIPAA Privacy Officer.

Scope

This policy applies to audio and video recordings made by patients, visitors accompanying patients, and Westside staff.

Recording of patients for non-patient-care purposes (such as by the press or for marketing materials) is addressed in policy AD-200 Informed Consent for Use of Patient Images for Non-Patient-Care Purposes.

Definitions

None

Procedures

Requests to Make Audio or Video Recordings

• 1. If an individual wishes to make an audio or video recording during a patient visit, the individual must advise the provider of their request and explain the reason for wanting to record the visit.
     1. The patient and the provider may wish to discuss whether there are any better alternatives available to meet the patient’s needs.
     2. If the patient wishes to record explanations or instructions given by the provider, the provider may want to suggest that only that portion of the visit be recorded.
     3. The provider should caution the patient that sharing the recording on social media or otherwise could result in a waiver of the patient’s right to keep what was said during the visit confidential.
  2. Consent of all present is required and obtained before the making of an audio or video recording during a patient visit with a Westside provider.
     1. Consent must be requested of each person present, including the provider.  
        1. Westside encourages providers to permit the recording of interactions but does not require them to do so.  If they are not comfortable being recorded, they will discuss their reasons with the patient.
        2. If anyone present in the room objects to the recording, the provider will request that the individual not proceed with recording.
  3. Westside staff may only make an audio or video recording if doing so on behalf of the patient at the patient’s request with the consent of all present, including the provider and/or staff member.
  4. The provider makes a note in the patient’s chart within the EMR whenever the provider is aware that all or any part of a visit is being recorded.
     1. Recommended, but not required, documentation includes:
        1. Identity of those present in the exam room,
        2. Identity of the person making the recording, and
        3. Type of recording (audio or video)

Audio or Video Recordings Made Without Consent

• 1. If the provider becomes aware during the course of a visit individual has made an audio or video recording without complying with this policy, the provider may ask the individual to:
     1. Stop recording, and
     2. Delete any recordings made without consent.
  2. The provider has discretion whether to request these actions based on the circumstances (including continuing a therapeutic patient-provider relationship).
  3. Failure by an individual to comply with this policy may result in immediate termination of the office visit, at the discretion of the provider.
  4. Repeated refusals to comply with this policy may result in termination of the patient from the practice, a determination which will be made through Westside’s usual process for patient dismissals.

Signage

• 1. A sign explaining the requirement for the patient to obtain consent from all present to create a audio or video recording during their care is posted in all exam rooms.

References

1. ECRI, Covert Affairs: Recording Conversations in Physician Offices, September 3, 2015  https://www.ecri.org/search-results/member-preview/pprm/pages/oa7
2. The Joint Commission (TJC), Comprehensive Accreditation Manual for Ambulatory Health Care (CAMAC), January 14, 2024.
   1. RI.01.01.01 – The organization respects patient rights.
   2. RI.01.01.03 – The organization respects the patient's right to receive information in a manner he or she understands.
   3. IM.02.01.01 – The organization protects the privacy of health information.