Patient Photographs

Health care providers may need to take photographs of patients and/or their medical conditions. Verbal consent is usually obtained prior to taking the patient's photograph. Consent, although very necessary, is merely obtaining the patient's permission or consent to take his/her photo. This general consent does not address HIPAA authorization requirements to use or disclose the photograph. A valid written authorization is required for the use or disclosure of the photo if the photo itself can identify the patient, if  identifiers* appear on the photo, if the photo filename or attached explanation or description of the patient medical condition can identify the patient, if the patient (subject of the photograph), or their family would reasonably recognize the image as their own, and if the photo will be used for purposes other than treatment, payment or health care operations. The same rationale applies for any comparable image. Please see below for frequently asked questions and answers on when patient authorization must be obtained for photographs.

Authorization and Consent to Record Audio and/or Video, Photograph, Write, and Publish - English  |  Spanish  | Digital

1. When must I obtain patient authorization to use or disclose patient photographs and related information?

• If the photograph and related information identifies* or has the potential of identifying the patient, or may be evident to the patient himself/herself or their relatives that the photograph is theirs AND
• If the photograph and related information is used/disclosed for purposes other than treatment, payment or internal health care operations.**

Examples of when patient authorization must be obtained are: Professional publications and conferences, public relation activities, marketing, fundraising efforts, online publications.

*See list of identifiers under Question 4 below. Please notice that an unidentifiable photograph accompanied by a description of the patient medical condition, especially if the medical condition is unique, may identify the patient, subject of the photograph. Also, the photograph is determined to identify the patient if the patient (subject of the photograph), or their family would reasonably recognize the image as their own.

**Authorization to photograph patients is not required when the photograph is taken for the purposes listed in the Conditions of Treatment (COT) document signed by the patient, which reads: “I consent to the taking of pictures of my person, surgical condition or treatment and the use of the pictures for purposes of my diagnosis or treatment or for the hospital’s operations, including peer review and education or training programs conducted by LLUMC”.

2. When can I use patient photographs and related information without patient authorization?

When the use is limited to the purposes listed in the Conditions of Treatment (COT) document signed by the patient, which reads:

“I consent to the taking of pictures of my person, surgical condition or treatment and the use of the pictures for purposes of my diagnosis or treatment or for the hospital’s operations, including peer review and education or training programs conducted by LLUMC”.

In summary, the following LLUH internal uses of patient photographs don’t require an authorization from the patient:

• For treatment activities (e.g., documenting before and after clinical conditions)
• For payment activities (e.g., documenting a clinical condition for insurance coverage)
• For health care operations (e.g., LLUH QI, peer review, internal education and teaching such as Hematology/Oncology conference, Chest conference, Tumor board, Morbidity & Mortality, Ethics lectures, live training presentations for LLUH students, interns, residents and/or LLUMC medical staff. Please notice that this does not include printing the photographs or distributing them electronically.

Quick Decision Tool – Use of patient photograph and/or data for purposes other than Treatment, payment and health care operations

3. What is the difference between Consent and Authorization for Photography?

Consent is obtaining the patient's permission to take his or her photograph. The consent may also describe the uses of the photograph for treatment, payment and health care operation activities. Authorization is obtaining the patient's permission to use or disclose his or her photograph and related information for purposes other than treatment, payment or internal health care operations. The form “Authorization and Consent to Record Audio and/or Video, Photograph, Write, and Publish” covers both the consent and authorization and is available in the following formats: English  |  Spanish  | Digital

4. What identifiers do I need to remove in order to de-identify patient information

For the answer to this question, go to the module section De-Identification of Data. For additional guidance on de-identification of PHI, please refer to the Department of Health and Human Services website 

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