Community Grievance Decision Digest
FILMING OR TAPING - CONSENT REQUIRED
THE LAW:
Each patient
shall..."Except as otherwise provided, have a right not
to be filmed or taped, unless the patient signs an informed and voluntary consent which specifically authorizes a named
individual or group to film or tape the patient for a particular
purpose or project during a specified
time period. The patient
may specify in such consent periods during which, or situations in which,
the patient may not be filmed or taped.
If a patient is legally incompetent, such consent shall be granted
on behalf of the patient by the patient's guardian.
A patient in Goodland hall at the Mendota mental health institute may
be filmed or taped for security purposes without the patient's
consent, except that such a patient may
not be filmed in patient bedrooms or bathrooms for any purpose without
the patient's consent."
§ 51.61(1)(o), Wis. Stats. [Emphasis
added.]
"(1) No patient may
be recorded, photographed, or
filmed for any purpose except as allowed under s. 51.61(1)(o), Stats.,
and this section.
(2) A photograph may be taken of a patient without the patient's informed
consent only for the purpose of including the photograph in the patient's
treatment record.
(3) The informed consent document
shall specify that the subject patient may
view the photograph or film or hear the recording prior to any release
and that the patient may withdraw
informed consent after viewing or hearing the material."
HFS
94.18, Wis. Admin. Code [Emphasis added.]
DECISIONS
-
A father wanted to audio-tape staff’s meetings where they discussed his
son’s treatment. The facility
refused to allow this. This
is not a patient rights issue.
The only relevant patient right is the right
not to be filmed or taped. The
facility offered to write
up the outcomes of the meetings for the father.
This was a reasonable
resolution, but the father refused to accept it.
(Level III decision in Case No. 03-SGE-03 on 7/17/03)
Last Updated: November 07, 2006 |
