Q: 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 following below)
A: Yes. It is appropriate to film or videotape patient care activities in the emergency room, 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
Q: 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 following below)
A: Health care organizations (HCOs) are faced with a situation that has two laudable, yet competing goals when they want to film or videotape patient care activities. Those goals relate to 1) informing the public to better understand health care and 2) protecting the privacy of individual patients.
If conscious, the patient is able to give consent to be filmed or videotaped in the interests of the first goal. However, in the emergency department situation, there will be times when it would be desirable to film, but it is just not feasible to get consent. It is under these circumstances when the two goals compete.
This is what one would consider a “classical ethical conflict” and should be resolved using the organization’s mechanisms for resolving ethical conflicts or uncertainty (e.g., Ethics Committee).
Because one of the goals is directed at the community at large, it would be especially important to include the community’s perspective in resolving this conflict in goals.
Yes. It is appropriate to film or videotape patient care activities in the emergency room, 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
Q: Does the health care organization have to control or otherwise sequester the film or videotape until informed consent is obtained before using the film or videotape for educational purposes?
A: Yes, the film or videotape must remain in the physical possession of the health care organization 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.
Q: What happens if consent is not given to use an individual patient's portion of the film or videotape?
A: The expectation is that the health care organization 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 video tape is destroyed.
Q: What ways may a health care organization inform its patients that filming or videotaping may occur during their visit to the Emergency Department?
A: The health care organization (hospital, ambulatory emergent or urgent care center) 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 Underway;" posting "Advance Notice" signage in the public areas of the hospital and the Emergency Department (e.g., in the lobby or waiting rooms); including filming or videotaping possibility in health care organization advertisements.