WHEREAS, It is important for ACEP to advocate for the safety and privacy of patients under the care of emergency physician-led care teams; and
WHEREAS, Emergency physicians frequently are tasked with the care of patients under law enforcement custody; and
WHEREAS, Law enforcement departments may implement continuously recording body cameras and other recording devices; and
WHEREAS, The use of such devices in the emergency department during certain phases of patient care such as obtaining history, physical examination, and procedures, may jeopardize the physician-patient relationship, privacy, confidentiality, and the Health Insurance Portability and Accountability Act (HIPAA); and
WHEREAS, The physician-patient relationship is based on trust and confidentiality and the importance of
patient privacy and confidentiality is recognized in today’s world by HIPAA, the American Medical Association Code of Ethics, and the ACEP Code of Ethics; and
WHEREAS, Filming of ED patient encounters may breach patient privacy, may impede honest and open communications, and may lead to reluctance for certain patients to seek emergency care; and
WHEREAS, ACEP has stated in its policy statement “Filming in the Emergency Department” that “ACEP opposes the commercial filming for public viewing of emergency department patients or staff members except when they can give fully informed consent prior to their participation.”; and
WHEREAS, The use of body cameras by police departments and other outside entities do not fall under the direct control of the Emergency Department policies; and
WHEREAS, Policy E-5.045 Filming Patients in Health Care Settings, of the American Medical Association, describes the ethical responsibility that physicians have in protecting filmed information in a HIPAA compliant fashion; therefore be it
RESOLVED, That ACEP modify and extend its current policy statement “Recording Devices in the Emergency Department” to promote and endorse the expectation of patient privacy and limitations on recording devices by law enforcement personnel, visitors, and other individuals or organizations, during the provision of healthcare to patients in the emergency department; and be it further
RESOLVED, That ACEP promote a position that institutions and physicians should restrict the use of recording devices during patient care and in areas in which discussions containing confidential, HIPAA-protected patient information are likely to occur within the Emergency Department.