Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.

ACEP has a policy compendium of over 200 policies, available at acep.org/policystatements. Choose the category of policy you are looking for, in this case “Ethics.” There is a policy entitled “Audiovisual Recording in the Emergency Department.”³ Relevant positions of this policy include:

• Recording or producing still images, audio files, or audiovisual materials. These can be made using both organizationally and personally owned equipment and electronic devices.
• Health care institutions ought to provide HIPAA-compliant methods to store and securely transmit health care sensitive recordings.
• Health care organizations and institutions ought to recognize that HIPAA-compliant audiovisual materials may benefit patients. Creation, promotion, and use of audiovisual educational materials may help patients understand and recall vital parts of their ED experience and discharge instructions.

Practical Considerations

Administrative issues can be addressed using national and local policies. Short Message Service (SMS) messaging is not considered secure or HIPAA-compliant. Institutions should provide encryption enabled messaging systems to provide a HIPAA compliant method of communication by mobile phone. HIPAA compliant images without identifiers should be used. If a securely encrypted texting service is not available, images should not be texted.

Dr. Marco is professor of emergency medicine at Penn State Health-Milton S. Hershey Medical Center and associate editor of ACEP Now.

References

1. Policy finder. AMA. Available at: https://policysearch.ama-assn.org/policyfinder/detail/. Accessed September 9, 2022.
2. US Department of Health and Human Services: HIPAA for professionals. Available at: https://www.hhs.gov/hipaa/for-professionals/faq/482/does-hipaa-permit-a-doctor-to-share-patient-information-for-treatment-over-the-phone/index.html. Accessed June 10, 2022.
3. American College of Emergency Physicians: Available at: https://www.acep.org/patient-care/policy-statements/audiovisual-recording-in-the-emergency-department/. Accessed June 7, 2022.