This falls under the federal rule of HIPAA, which overshadows both NY and NJ law, although the laws of said two states basically mirror the same.SHARING OUTSIDE THE OFFICE
Any disclosure of patient treatment must
be done so with the patient's permission. 45 C.F.R. 164.502
. If this is for research purposes, then sometimes this requirement may be waived, but only if the patient cannot be reasonably identified in the record (i.e. face blurred, for example).
Without this, the patient must provide a written authorization for the record before the record is shown to any entity besides the medical office staff.
In addition, the person must sign the waiver because they have an expectation of privacy and must show that they waive it for the recording to occur.
Sample form may be found here
.SHARING INSIDE OFFICE
If there is no publication outside the office, the video may be shared. However, the patient still needs to consent in writing because they have an expectation of privacy and must show that they waive it for the recording to occur.
I hope this helps and clarifies. Good luck.
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