Confidentiality Agreement - Media

Standard RI.01.03.01, EP 3 states "The organization obtains and documents informed consent in advance when it makes and uses recordings, films, or other images of patients for internal use other than the identification, diagnosis, or treatment of the patient (for example, performance improvement and education).  Does this mean that we need to have media sign a confidentiality agreement even if the patient has consented to be filmed/recorded?

Any examples are for illustrative purposes only.

Yes. In those circumstances, in which filming/recording intended for external use is being done without patient consent, the party filming the images should sign a confidentiality agreement indicating that they will not show the film/photos until consent is obtained from the patient. The organization's confidentiality agreement with any film/recording/picture agency may be detailed in the contract.

If patient consent is not obtained, the identity of the patient will be masked or the film will be destroyed. If the patient has specifically consented to being filmed/recorded prior to the commencement of filming, the media or party doing the filming does not need to sign a separate confidentiality agreement. A copy of that consent, signed by the patient, may be placed in the patient's medical record.
Last updated on May 21, 2020
Manual: Ambulatory
Chapter: Rights and Responsibilities of the Individual RI

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