NCMB’s Policy Committee has drafted a proposed position to establish expectations for the use of photography or videography by licensees in the examination room.

The Board decided there was a need for such a statement after encountering some issues with photography and video that came to attention through the Board’s review of enforcement cases.

NCMB will accept licensee feedback on the proposed position statement through June 16. Comments may be emailed to todd.brosius@ncmedboard.org.

Policy for the Use of Audio or Visual Recordings in Patient Care
The Board recognizes that there may be valid reasons for licensees to make audio or visual recordings of patients during a healthcare encounter. However, such recordings must be made for appropriate professional reasons and should employ safeguards that protect a patient’s autonomy, privacy, confidentiality, and dignity. In instances where a patient may be asked to disrobe, the patient should be provided an opportunity to disrobe beyond the view of any camera.

Recordings that could lead to disclosure of the patient’s identity constitute protected health information and must be managed and transmitted in a manner that complies with HIPAA requirements.

Informed Consent
Prior to an audio or visual recording being made of a patient, licensees should ensure that they have obtained the patient’s informed consent. The informed consent should be documented in the medical record and should allow the patient an opportunity to discuss any concerns before and after the recording. The patient should also be informed:

1. Of the purpose of the recording and its use;
2. That the recording is voluntary and that a refusal to be recorded will not affect the patient’s care;
3. That the patient may withdraw consent to be recorded at any time and what will be done with any prior recordings;
4. Of the possibility of accidental or deliberate dissemination during the acquisition or storage of the information.

Post-recording Responsibilities
A licensee who has made an audio or visual recording of a patient must ensure that:

1. Any recording is used only for the purpose for which the patient consented;
2. Patients are given the opportunity to see the recording if they so wish; and
3. Recordings are given the same protections as other medical records against improper disclosure.