Can my doc videotape staff and our patients?

[Redley]

My doctor, who owns his own practice, set up a video camera on because he felt that there was too much socializing at work between employees that we have in the front office. He set up the camera so he could see all of the workstations, however, the camera will also be videotapeing the patients. Is this a violation to the employees? (We never signed any paperwork stating this would be done). Is there any privacy violation to the patients? Is the doc required to have every patient sign a waiver stating that they allow themselves to be videotaped? Or does he have to put up signage that the patients will be videotaped? We are in Colorado. I am not sure if there is audio.

[dishes, BSN, RN]

Are the workstations in common areas where patients are checking in and booking appointments? Or are they in exam rooms were the patients are being assessed? There are cameras in common areas of many hospitals.

[RiskManager]

A great many inpatient and outpatient healthcare facilities have video running these days. A particular jurisdiction may have statutory, regulatory or case law requirements on any sort of notice or consent required. In my experience, video of public areas that do not have a reasonable expectation of privacy generally does not require any notice or consent. You would not want to place video in areas that do have a reasonable expectation of privacy, such as exam rooms, bathrooms or other private areas. There is also more leeway to do this sort of thing on private property by the property owner. I suspect that the physician is within his legal rights to do this.

[Marisette, BSN, RN]

I have worked in a small clinic where my employer set up cameras in a non patient area to track employees. I worked part time and chose not to work under such scrutiny after a few months. I would think that it's inappropriate and would violate Hippa if set up in a patient care area where consultations and treatment occurred. I also worked for a large healthcare provider who had us acquire consents for patient's that were videotaped or photographed for promotions or publicity. It seems there are camera's for security reasons throughout public spaces, including most hospitals. Good question???

[Redley]

The work stations with the camera pointed at them are where people are checking in/out but it also pointed in out treatment area (large room where we are infusing our patients chemo)

[KRVRN, BSN, RN]

Well what does he hope to do with that info? Two employees talking could be discussing something work related. A common infusion center could expect privacy, though many infusion centers have windows.

[tyvin, BSN, RN]

If you don't have an expectation of privacy, it's not illegal. It's a business. Do you really think your doc spent thousands of dollars to set up all that stuff and isn't aware of his rights?

Where ever I've worked, the only place they didn't have a camera, was in the bathrooms. That's the med room, patients rooms, nurses station, etc... There could be an argument made for a private rooms and counseling areas.

I'm surprised at the number of people who haven't worked in a place with cameras. It will be the norm sooner than later. It's also good back up in case of malpractice claims. It's never bothered me; I mean, I'm not doing anything I'm not suppose to

The camera's run in real time and a scene can be observed if you go and look. Who is going to review all that really? It's mainly there to keep everyone on their toes.

[aeris99]

Some states stipulate that you can record video only, in public areas. If there is audio and video, that may be illegal. Depends on the state.

[dishes, BSN, RN]

I think an expectation of privacy in a patient treatment room is reasonable and videotaping a patient undergoing chemotherapy without their knowledge and consent is unaccepatable.

[RiskManager]

It is considerably more expensive and difficult to set up a camera system that can capture understandable audio and it usually requires supplemental microphones especially if you want to get audio for forensic or employment-related purposes. I have been involved in a few situations in which we set up a focused video and audio system for a specific purpose. Some of those purposes include surveillance of a suspected Munchhausen's situation involving children, cash handling areas to see who is siphoning money from the organization, and suspected drug diversion. But these situations are infrequent and are over and above the more typical general video observation systems.

[aeris99]

It is considerably more expensive and difficult to set up a camera system that can capture understandable audio and it usually requires supplemental microphones especially if you want to get audio for forensic or employment-related purposes. I have been involved in a few situations in which we set up a focused video and audio system for a specific purpose. Some of those purposes include surveillance of a suspected Munchhausen's situation involving children, cash handling areas to see who is siphoning money from the organization, and suspected drug diversion. But these situations are infrequent and are over and above the more typical general video observation systems.

I have no experience with a professional install but when I was pricing out systems for my home, most of the cameras recorded audio as well as video. Even a few of our trail cams capture audio.

My point was that audio recording is an easy way to determine if what is being done is legal. The state regs I've read through are very clear on the legality of recording audio, without consent or court order.

Edit to add that given the situation (recording to stop socializing) there is a reasonable assumption made that there would be audio. How else would you distinguish if the employees were socializing and not discussing work related topics?

[RiskManager]

Hospital in Secret Video Drama Offers Apology | Medpage Today So here is one of those focused situations I was talking about, and the video was for a suspected drug diversion case.