| Topic: |
Sociology > Depression |
| User: |
"nothing" |
| Date: |
20 Nov 2004 11:22:48 PM |
| Object: |
legal question |
i apologize that this is off topic, i just really wanted help finding the
answer, sorry thanks if anyone can help out
does anyone know if it is illegal for mental health professionals to tape
record and/or video in an out of hospital setting without the patients
consent or prior knowledge on any of the east coast (us) states? or where i
can find such information? thank you.
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| User: "Hap Arnold" |
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| Title: Re: legal question |
21 Nov 2004 10:36:38 AM |
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"nothing" <x@notreal.com> wrote in message
news:30an2hF2r3dtaU1@uni-berlin.de...
i apologize that this is off topic, i just really wanted help finding the
answer, sorry thanks if anyone can help out
does anyone know if it is illegal for mental health professionals to tape
record and/or video in an out of hospital setting without the patients
consent or prior knowledge on any of the east coast (us) states? or where
i
can find such information? thank you.
try contacting the AMA or APA or your county state's attorney.
It is probably legal. Video is certainly legal.
MD requires that both parties be aware of electronic sound recording, most
states require only one party be aware of sound recording.
Awareness doesn't have to be explicit. A camera or microphone in plain
sight implies consent to its use.
--
E Sempre l'Ora
--
.
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| User: "John" |
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| Title: Re: legal question |
21 Nov 2004 05:42:34 PM |
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x-no-archive: yes
"Hap Arnold" <hap.arnold@cox.net> wrote in message
news:Eu3od.15193$D26.724@lakeread03...
"nothing" <x@notreal.com> wrote in message
news:30an2hF2r3dtaU1@uni-berlin.de...
i apologize that this is off topic, i just really wanted help finding the
answer, sorry thanks if anyone can help out
does anyone know if it is illegal for mental health professionals to tape
record and/or video in an out of hospital setting without the patients
consent or prior knowledge on any of the east coast (us) states? or where
i
can find such information? thank you.
There is some federal law that may apply. If the video or tape recording
was made for research purposes, and the research was supported by federal
monies, then the investigators would need to get informed consent from the
subjects of their research before making them participants in it through
video or tape recordings.
If the video or tape recording was made in connection with your treatment,
then a federal law called the Privacy Rule would apply. This law regulates
the use and disclosure of protected health information (PHI) by "covered
entities," including doctors and other mental health professionals. "PHI"
means any individually identifiable health information (except for health
information in employment or educational records). The Privacy Rule says
that every use or disclosure of PHI by a covered entity requires either
written authorization from the patient or, in certain cases, prior
disclosure to the patient that such a use or disclosure of PHI may be made.
The cases in which use or disclosure is permitted on the basis of prior
disclosure include use or disclosure for treatment, payment, or health care
operations.
The long and the short of it is that if the recording was made in connection
with research supported by federal dollars (or in an institution suppored by
federal dollars) then the people making the recording should have gotten
your informed consent. If the recording was made as part of your treatment,
then it could have been made without your informed consent or written
authorization but only so long as you were given prior notice of the fact
that your health information would be used in this way.
If you feel that the recording violates your rights, complain to the Office
of Civil Rights of the U.S. Dept. of Health and Human Services. OCR has
enforcement jurisdiction over violations of the Privacy Rule.
http://www.hhs.gov/ocr/hipaa/ Just tell them what happened. If you do that
in just the way you did it in this post, my guess is that alarm bells will
go off for them. Covered entities (e.g., doctors and hospitals) hate to
deal with OCR.
Your State may also have law that deals with protection of human subjects
and medical privacy. In addition, the professional societies of medical
types will have their own standards of conduct that may impose a disclosure
or written consent requirement in this sort of situation.
Good luck.
.
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