3.1.2: 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 (including photography) of patients during a healthcare encounter.  However, such recordings must be made and used solely for appropriate professional reasons and 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 any part of a patient’s image or identity constitute protected health information and must be managed and transmitted in a manner that complies with HIPAA and other privacy and security requirements.  All patient images, recordings, screen captures of whatever kind from whatever source are to be considered part of the patient’s medical record and protected in compliance with HIPAA and other privacy and security requirements.