Personal Photographs, Images, and Video/Audio Recording Taken by Patients, Members of The Works, or Visitors

Wentworth-Douglass recognizes that devices such as smart phones with photo/video/audio capabilities, digital photo devices, and camcorders can be used by, patients, members of The Works, and visitors to enhance communications and preserve memorable experiences. At the same time, such devices can pose a risk to patient, member of The Works, visitor, and workforce member privacy, and in some cases can interfere with medical equipment. While it is not our intent to write policies for every new technology, it is our expectation that usage will be appropriate and respect patient, member of The Works, visitor, and workforce member privacy. Workforce members may request anyone to step out of patient care areas while using such a device.

1. General Rule Permitting Recording.
Subject to the conditions set forth below, patients, members of The Works, and visitors may photograph, videotape, or create other images or recordings for personal reasons. For example, subject to the conditions set forth below, recordings may be made during labor and delivery or to record instructions from a health care provider.

2. Prohibiting, Terminating, or Placing Conditions on Recording.

a. Any Hospital employee, Medical Staff member, or Affiliate has the right, at any time and for any reason, to prohibit or terminate any videotaping, photography or audio recording, or to impose conditions on the same (e.g., determining the location from which a recording may be made). If the individual refuses to cooperate and continues photographing, videotaping, or audio recording; workforce members shall contact Wentworth-Douglass Security at x2448.

b. Photography, video recording, and audio recording by patients, members of The Works, and/or visitors are prohibited:

1. If it would record any Protected Health Information of any other Wentworth-Douglass patient or member of The Works;

2. If it would interfere with the provision of care or the operation of Wentworth-Douglass equipment.

3. When parents are allowed in the operating room during pediatric anesthesia induction (See policy ANES-23, Parents in the Operating Room During Pediatric Anesthesia Induction).

4. During any adult or pediatric resuscitation efforts (See policy PC-15, Medical Emergencies: EMERGENCY RESPONSE Adult and Pediatric (Code Blue/RRT).

3. Consent Required of All Individuals Being Recorded.

a. No recording is permitted unless the individual being recorded consents. New Hampshire law specifically states that audio recording without the consent of all parties is a violation of state law.

b. A Workforce member will be deemed to have consented to recording if the Workforce member remains in the location where the recording is occurring after becoming aware of the recording.

c. Workforce members who do not wish to be recorded should leave the location, if possible. If it is not possible for the Workforce member to leave the location, the Workforce member may direct that the recording be terminated as set forth in subsection (2.a.) above.

4. Copy of Recording for Medical Record.

At the discretion of Wentworth-Douglass, a copy of a video, photograph, or audio recording may be requested for the medical record.

5. Newborn Photography.

Newborn photography services are available from TARAphotography.com. Parents interested in utilizing these services may visit TARAphotography.com for photography package pricing, payment, and booking information.

6. Obligation of Workforce Members.

To the extent a workforce member is aware of any inappropriate attempt to photograph or record a patient, member of The Works, visitor and/or workforce member, the workforce member shall take reasonable steps to ensure that patients, visitors, and/or workforce members are not photographed or recorded within Wentworth-Douglass by a patient, member of The Works or a patient’s family members or visitors.

7. Violations.

a. If a patient, member of The Works, or visitor violates this policy, a Wentworth-Douglass workforce member shall request that the individual stop using the device and delete any audio/images/video that was taken in violation of this policy, including any copies made of the audio/images/video, including copies stored on the device or in “cloud” storage or posted to a social media account or webpage that is within the individual’s control. If the individual refuses, a Wentworth-Douglass workforce member shall notify Wentworth-Douglass Security at x2448. Wentworth-Douglass Security will respond to the place of the incident and request that the individual stop using the device and delete any audio/images/video that were taken in violation of this policy. If security is unable to respond in a timely manner, Wentworth-Douglass Security will contact the local Police Department of jurisdiction to assist.

b. If the individual refuses the request from Wentworth-Douglass Security, Wentworth-Douglass Security will request that the individual leave Wentworth-Douglass property. If the individual refuses and continues to audio/images/video record, Wentworth-Douglass Security will contact the local Police Department of jurisdiction for assistance in removing the individual from Wentworth-Douglass property and serve a no trespass order (see policy SEC-33, No Trespass).

c. If the individual complies with the request to stop audio/images/video recording, but refuses to delete the audio/images/video in question Wentworth-Douglass Security will ask the individual to leave Wentworth-Douglass property. If the individual refuses to leave Wentworth-Douglass property, Wentworth-Douglass Security will contact the local Police Department of jurisdiction for assistance in removing the individual from Wentworth-Douglass property and serve a no trespass order (see policy SEC-33, No Trespass).

d. No patient will be asked to leave the property unless it is clinically appropriate, as evidenced by a physician order. If the individual in violation of this policy is a patient who is experiencing an emergency medical condition, the individual shall not be asked or made to leave Wentworth-Douglass property until the emergency medical condition is resolved or stabilized.

e. If an individual refuses to delete an audio/image/video recording that was made without the consent of all parties who were recorded, WDH may report the matter to the local Police Department of jurisdiction for possible criminal investigation.

f. At no time shall a Wentworth-Douglass workforce member take possession of an individual’s recording device without the verbal consent of the individual. The Workforce member shall only view images taken in violation of this policy for the purposes of deleting the image.

g. At no time shall Wentworth-Douglass Security follow an individual off property. If the individual in question has left Wentworth-Douglass property, Wentworth-Douglass Security will obtain and document all information regarding the incident. If warranted Wentworth-Douglass Security may issue a no trespass order (see policy SEC-33, No Trespass).

Patient Initiated Video Conferencing

1. Video conferencing (i.e., Skype, FaceTime, and other technologies) may be used to allow patients to interact with their health care providers or to include family or friends to participate in an interaction with health care providers:

a. patient-requested communication to include family and friends during the visit; and

b. distant family members to witness a birth or other procedure, take part in a meeting with health care professionals or other Wentworth-Douglass workforce members (subject to the approval of the physician).

2. A video conference involves the transmission of Protected Health Information outside Wentworth-Douglass. To help educate patients about the potential risk of such transmissions, Wentworth-Douglass shall obtain a Patient Authorization for Video Conferencing (8402-30MR) prior to the video conference unless an exception applies as described below. In describing the nature of the information that will be disclosed, the authorization form will specify the images and information that will be transmitted during the video conference.

3. A Patient Authorization for Video Conferencing is not required if:

a. the purpose of communication is purely personal;

b. the patient uses his or her own equipment for the video conference (i.e., speaking to family members on a personal laptop via Skype or on an iPhone using FaceTime); and

c. the video conference does not involve the performance of a medical procedure or include workforce members.

4. Wentworth-Douglass has no obligation to provide equipment for video conferences. If Wentworth-Douglass chooses to provide Wentworth-Douglass equipment for a video conference, a Wentworth-Douglass workforce member shall make commercially reasonable efforts to ensure that the equipment, settings, and methods of transmission protect the information disclosed during the video conference. If a patient provides equipment for video conference, a Wentworth-Douglass workforce member shall not take any action that alters the settings on the patient’s equipment.

5. Video conferencing is not permitted (on either Wentworth-Douglass equipment or the patient’s own equipment) if it would:

a. include any Protected Health Information of any other Wentworth-Douglass patient; or

b. include any workforce member or other individual who objects to being included in the video conferencing.

6. If video conferencing is to be used for a birth or other procedure, a Wentworth-Douglass workforce member shall consult with the patient about the placement of the camera. In all instances, the physician attending the delivery or performing the procedure must agree that video conferencing may occur and approve the placement of the camera.

7. Any workforce member may stop any video conference at any time if it becomes disruptive to care for any reason.