 Contributor Ray Kemp |
By Ray Kemp
Read Kemp’s article: Web Photos Lead to Termination of Mo. EMT
This recent case brings up many valuable lessons for all EMS providers about HIPAA compliance and our ethical responsibilities to patients and employers.
My opinion after reviewing the case details and speaking with involved parties is that the ACAD policy is vague in addressing patient confidentiality and consists of only a few short paragraphs. The patient confidentiality section of the manual does not acknowledge the existence of HIPAA or include a disciplinary policy for ACAD to enforce for violations.
ACAD Chief Jason Albert recognizes this observation. He explains that when he was hired to his current position four months ago, he inherited a policy manual that has not been updated since March 2001. In light of this incident, he intends to expand the patient confidentiality policy.
What was once discussed over the fence with our neighbors is now openly discussed on Internet forums and blogs all over the world. EMS employers and providers need to be keener to the fact that these discussions are increasingly taking place on the Web and the need for continued privacy awareness.
In high-profile incidents such as this one, a common sense approach to ethics on the Internet should also be considered. Photography should be addressed by employers, especially because most cell phones feature cameras these days. EMS employers should develop clear and concise policies on whether on-scene photography can be used for educational purposes and how it can be done in an ethical manner. Drennan’s approach was education through shock value, whereas Chief Albert takes an opposing view that the shock had no educational value — an opposition that could have been avoided with a clear policy in place.
Both sides share responsibility for this controversy and made mistakes. Despite the EMT’s intentions to help promote ATV safety, he fell victim to poorly maintained and vague system policies, as well as his own failure to communicate with his employer.
Ray Kemp is a contributing photographer for JEMS and the owner of 911 Imaging, a professional EMS, rescue and police photography company. His 14 years in EMS included six years as public information officer for the St. Charles County Ambulance District in Missouri. He may be reached at raykemp@911imaging.com.