Patient Consent Process and Forms

How to include patients and staff in video, audio and photographs

  • Best Practice
    • Protecting patient privacy is top priority 
    • Patients must sign a consent form  
      • There are several options for usage. 
      • Make usage as broad as possible—we cannot predict where a video, audio or photograph will show up.
      • Tell the patient that we cannot control what is distributed via the internet/social media.
    • Staff and faculty must provide verbal consent to be part of filming/audio.
    • Critical members of the workforce must be made aware of the activity prior to arriving.
      • Physicians, nurse managers security
      • If in the operating room, who else needs to know? Anesthesiology? OR manager?
      • Courtesy cc to leadership [CEO, Chair, CNO, etc.]
      • Will I need signage explaining why we are filming?
    • Always escort your film crew.
      • Those not familiar with filming should not be expected to make decisions about the filming.
      • The staff are there to do their job. It is our job to escort the vendor.
  • Working with approved vendors
    • What is written into their contract? If they typically don’t work in healthcare there may be some issues.
    • The vendor does not own the footage—they are filming on our behalf and we need to own all footage including outtakes, B roll, etc. unless there is prior approval in writing.
    • It is our job to educate the vendor about PHI. If PHI is inadvertently caught on film, we need to ensure that the film is not used in any way.
    • Can the vendor repurpose our footage? Only with written permission.
    • Can we blur out information? We can blur out hospital numbers and names but not faces. If we inadvertently film a patient who hasn’t given permission, we should not use the footage unless the footage is de minimis. When in doubt, consult legal or compliance.
    • Compliance recommends that moving forward that our video and photography vendors sign a Business Associate Agreement that indicates they are working on our behalf.

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