Is it ok for patients to take photos or video in the operatory

My patient is recording treatment in the operatory – is this ok?

In South Australia, patients cannot record a consultation/treatment without your permission. 

If the patient requests your consent to film in the operatory, you may wish to ascertain the reason for this prior to providing permission or declining the recording.

It may be preferable to agree only if you (the practice) are given a copy (and this is then retained on the patients record). Alternately, you may wish to establish a policy whereby any recordings in the operatory are captured by a staff member and advise patients/carers/parents of your willingness to provide them with a copy (again, retain the recording on file in the patient’s clinical record). You may wish to establish a “no phones in treatment rooms” as part of your privacy policy but facilitate requests for photographs/recordings where you are in control and where you are happy to supply the patient/carer/parent with a copy. It is worthwhile mentioning the Surveillance Devices Act 2016 | South Australian Legislation which restricts the installation, use and maintenance of surveillance devices and the communication of information or material from these devices. In short, people must provide consent to record or observe them carrying out private activities.

Sometimes, a recording might be an excellent education tool or capture a fond memory or a milestone for parents/family members, or it may help to establish standard of care and consent to procedures given verbally by patients. However, if you feel uncomfortable by a patient/carer/parent’s actions in the operatory and believe your professional relationship has been impacted, you might wish to advise that recordings cannot be obtained without your consent and consider whether it is appropriate to cease to treat. Please obtain advice before discontinuing a professional relationship, as there are professional considerations to be observed in such a scenario. Your ADA advisor and/or your PI insurer might assist in circumstances where you wish to terminate a professional relationship. 

How do I develop a Privacy Policy?

The Australian Privacy Principles (APPs) requires all health care organisations (including dental practices) to follow the Privacy Act provisions. To assist practices with these requirements, ADA SA has developed two template policies which members are encouraged to download and adapt to their own requirements. These two templates are:

• A document to inform patients about the practice's policy (it is suggested that patients be requested to sign a copy of this document as a record that it has been explained to them); and
• A document to inform practice staff about the practice's policy (it is suggested that each staff member sign a copy of this document).

Please find copies of these on our website at: Privacy Policies for the Dental Practice (adasa.asn.au)

Prepared by Jane Pinchback