PLEASE NOTE: THIS RESOLUTION WILL BE DEBATED AT THE 2015 COUNCIL MEETING. RESOLUTIONS ARE NOT
OFFICIAL UNTIL ADOPTED BY THE COUNCIL AND THE BOARD OF DIRECTORS (AS APPLICABLE).
RESOLUTION:
30(15)
SUBMITTED BY:
Ohio Chapter
SUBJECT:
Use of Body Cameras Worn by Law Enforcement in the Emergency Department
PURPOSE: Expand the “Recording Devices in the ED” policy statement to promote the protection of patient
privacy and endorse restrictions on the use of body cameras worn by police officers while in the ED.
FISCAL IMPACT: Budgeted committee and staff resources.
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WHEREAS, It is important for ACEP to advocate for the safety and privacy of patients under the care of
emergency physician-led care teams; and
WHEREAS, Emergency physicians frequently are tasked with the care of patients under law enforcement
custody; and
WHEREAS, Law enforcement departments may implement continuously recording body cameras and
other recording devices; and
WHEREAS, The use of such devices in the emergency department during certain phases of patient care
such as obtaining history, physical examination, and procedures, may jeopardize the physician-patient relationship,
privacy, confidentiality, and the Health Insurance Portability and Accountability Act (HIPAA); and
WHEREAS, The physician-patient relationship is based on trust and confidentiality and the importance of
patient privacy and confidentiality is recognized in today’s world by HIPAA, the American Medical Association
Code of Ethics, and the ACEP Code of Ethics; and
WHEREAS, Filming of ED patient encounters may breach patient privacy, may impede honest and open
communications, and may lead to reluctance for certain patients to seek emergency care; and
WHEREAS, ACEP has stated in its policy statement “Filming in the Emergency Department” that “ACEP
opposes the commercial filming for public viewing of emergency department patients or staff members except
when they can give fully informed consent prior to their participation.”; and
WHEREAS, The use of body cameras by police departments and other outside entities do not fall under the
direct control of the Emergency Department policies; and
WHEREAS, Policy E-5.045 Filming Patients in Health Care Settings, of the American Medical
Association, describes the ethical responsibility that physicians have in protecting filmed information in a HIPAA
compliant fashion; therefore be it
RESOLVED, That ACEP modify and extend its current policy statement “Recording Devices in the
Emergency Department” to promote and endorse the expectation of patient privacy and limitations on recording
devices by law enforcement personnel, visitors, and other individuals or organizations, during the provision of
healthcare to patients in the emergency department; and be it further
Resolution 30(15) Use of Body Cameras Worn by Law Enforcement in the ED
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RESOLVED, That ACEP promote a position that institutions and physicians should restrict the use of
recording devices during patient care and in areas in which discussions containing confidential, HIPAA-protected
patient information are likely to occur within the Emergency Department.
Background
The resolution requests that ACEP expand the “Recording Devices in the ED” policy statement to promote the
protection of patient privacy and endorse restrictions on the use of body cameras worn by police officers while in
the ED.
A large and growing number of police departments throughout the country now require police officers to wear
body cameras at all times. With the implementation of body-worn cameras come potential risks to patients’
privacy rights should police officers accompany a patient into the emergency department. Issues such as breach of
confidentiality, violations of HIPAA, and invasion of privacy have created concerns for emergency physicians.
Many hospitals throughout the country are attempting to ban the use of police-worn cameras in their facilities and
some states have enacted legislation to narrow the scope of their use.
ACEP’s Ethics Committee has been assigned an objective for the 2015-16 committee year to “Develop a policy
statement on the use of body cameras in the ED.” Resolution 14(15) Body-Worn Cameras for Police has also been
submitted to the 2015 Council. That resolution directs ACEP to create a policy statement endorsing laws requiring
police officers to wear body-worn cameras.
ACEP Strategic Plan Reference
Promote quality and patient safety, including development and validation of quality measures.
Fiscal Impact
Budgeted committee and staff resources.
Prior Council Action
Amended Substitute Resolution 28(01) Filming in the Emergency Department referred to the Board. The
resolution called for ACEP to discourage the filming of television programs in emergency departments except
when patients and staff members can give fully informed consent prior to their participation.
Prior Board Action
June 2015, approved the revised policy statement, “ Commercial Filming of Patients in the Emergency
Department;” originally approved February 2002 with the title, “Filming in the Emergency Department,” and
revised and approved February 2009.
May 2001, reviewed the proposed resolution “Filming in the Emergency Department” submitted by the Ethics
Committee. The Board declined cosponsoring the resolution and suggested at least two members of the Ethics
Committee submit the resolution and include the draft information paper, “Ethical Implications of the Use of
Recorded Images in the Emergency Department,” as background information. The Board directed that the
information paper be finalized after the Council was provided the opportunity to debate the issue.
Background Information Prepared by: Leslie Patterson Moore, JD
General Counsel
Reviewed By: Kevin Klauer, DO, EJD, FACEP, Speaker
James Cusick, MD, FACEP, Vice Speaker
Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director