Body-worn cameras (BWCs) are not yet in widespread use in EMS nationwide, but interest is growing.
Organizations that have employed BWCs have realized significant benefits from BWC use.
For example, according to ems.gov, BWCs can:
- Visually document the patient’s condition and behavior in real-time;
- Promote EMS practitioner accountability;
- Capture illegal or unprofessional conduct;
- Record adherence to, or failure to follow, protocols;
- Record patient/practitioner interactions;
- Resolve complaints against EMS practitioners;
- Assist in quality improvement;
- Offer effective scenario-based training; and
- Serve as evidence in litigation or other.
However, EMS agencies must evaluate legal, financial, and other issues (e.g., public perception, staff impact, potential union bargaining, etc.) to determine if BWCs are right for their organization.
To help guide agencies, the National Emergency Medical Services Information System Technical Assistance Center (NEMSIS TAC), in cooperation with the legal firm Page, Wolfberg & Wirth, has released the EMS Bodyworn Camera Quickstart Guide.
The guide provides an overview of general legal issues for EMS agencies thinking about using body-worn cameras.
An overview of these key legal considerations for EMS agencies are covered in the new document:
- Federal HIPAA standards;
- State invasion of privacy laws;
- State wiretap/eavesdropping laws;
- State open records laws;
- Data retention requirements; and
- Developing a body-worn camera policy.
Every EMS agency considering the use of body-worn cameras must evaluate not just legal issues but financial considerations, public perception, impact on staff, potential union bargaining, and more.
The Federal Health Insurance Portability and Accountability Act (HIPAA) permits EMS agencies to capture private health information (PHI) with BWCs and to use BWC recordings for treatment, healthcare operations, and other reasons permitted by the Privacy Rule.
Often, EMS agencies use BWC records for healthcare operations activities identified in HIPAA, including:
- Quality assessment and quality improvement (QA/QI);
- Developing clinical protocols and guidelines; and
- Evaluation of patient safety.
In the UK, thousands of ambulance crews in England will be given body cameras after a sharp rise in attacks on NHS staff treating patients.
Gary Watson, an emergency ambulance crew member who works for the London ambulance service, said, “They (BWCs) act as a deterrent and will also help provide evidence if there is an attack. We go to work to help people, not to be assaulted. It’s disgusting that a minority think it’s OK to behave in such a violent way.”
Data shows that 3,569 ambulance staff were physically assaulted by members of the public last year—30% more than in 2016-17.
Here in the US, Cypress Creek, TX, EMS Executive Director Bradley England said, “By offering all first responders the opportunity to capture and share critical video and other data on one network, they are able to seamlessly work together to improve health and safety in their communities.”
Safety Unlimited EMS Director, Mark Komins, said, “It will take some getting used to, but needed. It will protect patients, bystanders, and responders.”
