guide for cooperation for physicians hospitals press radio television in the state of washington revised april 2003
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guide for cooperation prepared jointly and approved by allied daily newspapers of washington p.o box 29 olympia wa 98507 360 943-9960 washington newspaper publishers association 3838 stone way north seattle wa 98103 206 634-3838 washington state association of broadcasters 724 columbia street nw suite 310 olympia wa 98501-1249 360 705-0774 washington state hospital association 300 elliott avenue west suite 300 seattle wa 98119-4118 206 281-7211 washington state medical association 2033 sixth avenue suite 1100 seattle wa 98121 206 441-9762 800 552-0612 introduction hospitals and health systems are responsible for protecting the privacy and confidentiality of their patients and patient information in working with the media protecting the patient privacy and medical record confidentiality should be the hospital s guiding principle hospitals also have a responsibility to work with media representatives to keep their communities informed about key health issues this guide provides guidance
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hospitals are encouraged to consult with legal counsel before finalizing any policy on the release of patient information a statement of principles this document is intended to provide uniform guidelines under which hospitals and physicians will cooperate with the news media to provide accurate timely coverage of medical and other health-related events in washington state by agreeing to the tenets of this guide the news media the medical profession and hospitals acknowledge that they have a mutual responsibility to ensure that the public obtains accurate information on matters of interest and that the reporting of these facts does not infringe upon the patient s privacy and uninterrupted health care hospitals are urged to work effectively with the media hospitals agree to have an administration spokesperson available at all times to respond to media inquiries current information should be made available to the media as soon as possible within the guidelines of the law if information is
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members of the media agree to report on only those specific patients or areas of care agreed to by the hospital and the affected patients all participants agree that information shall be disseminated accurately frankly and without sensational embellishment failure to abide by the spirit and letter of this guide may be reported to any or all of the participating associations physicians may give information to the news media as long as this does not compromise the physician-patient relationship or violate the confidence or privacy of the patient s medical records or legal rights speakers at medical meetings and local physicians connected with such meetings sponsored by wsma or other medical organizations will be accessible to the news media without prior approval of the association responsibility for arranging news coverage rests with the sponsoring group it is understood that notifying the news media of an event carries an indication that coverage of the presentations will be welcomed b
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physicians appearing on the air or in other non-professional situations should be introduced by titles and credentials that relate to that appearance only sound judgment good common sense and adherence to the principles of medical ethics are expected of any physician appearing on radio or television or at a general press conference condition classifications the following patient condition classifications should be used by hospitals and have the following meanings undetermined the patient is awaiting a physician and an assessment treated and released the patient has been treated by the hospital and has been released in this instance treated is the condition and released is the location generally this indicates the patient s condition was satisfactory upon release stabilized and transferred the patient was stabilized at the hospital and has been transferred to another facility for further care in this instance stabilized is the condition and transferred is the location hospitals
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critical vital signs are unstable or not within normal limits the patient may be unconscious there is some doubt the patient will recover death could be imminent deceased the death of a patient may be reported to the authorities by the hospital as required by law typically a report will be made after efforts have been made to notify the next-of-kin the death of a patient may also be reported to the media after the next-of-kin has been notified as long as the patient s body is still in the hospital released if a patient has been released and the hospital receives an inquiry about the patient by name the hospital may confirm that the patient is no longer in the hospital but cannot give the release date admission date length of stay or any other information location not intended as a loophole to give journalists access to celebrity or other patients who do not wish them to have it to safeguard patient privacy it is recommended that hospitals adopt policies prohibiting disclosure of specif
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may be required to wear special clothing and or have their equipment disinfected or protected patients can opt out patients can opt out of providing information altogether the hospital has a responsibility to tell patients what information will be included in the hospital directory and to whom that information will be disclosed the patient has the option to expressly state that he or she does not want information released including confirmation of his or her presence in the facility if a patient opts out of providing directory information the hospital will not provide any information to any public requestor including the media regarding the patient hospitals will simply tell the requestor there is no information available on a patient by that name when patients cannot express a preference and location information should be released only if in the hospital s professional judgment releasing such information would be in the patient s best interest when the patient recovers sufficiently
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spokesperson to obtain the information to draft a statement written authorization also may be required · · taking photographs of patients and interviewing patients authorizations must include a start date and an end date under washington state law the authorization is not valid for longer than 90 days if it covers future health information or does not include an expiration date if the patient is a minor permission for any of these activities must be obtained from a parent or legal guardian under certain circumstances such as treatment for sexually transmitted diseases chemical dependency and mental health minors who have independently consented to the treatment can authorize disclosure of information without parental approval or notification authority patients have the same privacy rights as all other patients as far as the hospital is concerned because a hospital has an obligation to report certain confidential information to a governmental agency does not make that information publ
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information received requests to interview or photograph a patient under arrest or in custody will be handled in consultation with the police department or government agency having jurisdiction cases involving a public personality information about celebrities and public figures is subject to the same standards for releasing information to the media as other patients with the permission of the patient or his her representative the hospital will respond to queries regarding the patient s condition and give the details of the reason for hospitalization a system of regular bulletins on the patient s progress will be instituted if warranted and the patient or his her representative agrees to this the prominent person may elect to name his or her own spokesperson to whom all requests for information may be directed if this is the case members of the media may inquire with the individual s spokesperson when requesting information it is expected however that such special spokespeople will c
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disasters or civil disorders for purposes of this guide disaster means any man-made or natural event that causes significant loss of life injury or illness a disaster would exist when a hospital or the local government agency responsible for the area where the hospital is located has implemented its disaster preparedness plan in case of disaster or civil disorders hospitals will likely alter routine communication patterns where possible hospitals involved will establish information centers with telephones and other facilities for the media and will implement a plan to give all interested media equal access to information current information should be made available to the media as soon as possible media representatives should understand that hospital involvement with the media cannot compromise the health care facility s potential need for added security in a disaster situation in a disaster hospitals should cooperate with other hospitals or relief agencies hospitals may release pati
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the washington state public disclosure law rcw 42.17.310 e exempts from disclosure information revealing the identity of persons who file complaints with investigative law enforcement or penology agencies if disclosure would endanger any person s life physical safety or property provided that if at the time the complaint is filed the complainant indicates a desire for disclosure or non-disclosure such a desire shall govern if a law enforcement agency or its representative is involved in a patient s admission and identifies the patient as a complainant to whom rcw 42.17.310 e applies the hospital shall honor a request that directory information identifying the patient be withheld from disclosure federal regulations 42 cfr part 2 issued july 1975 amended in 1987 and 1995 prevent the release of information about alcohol or drug abuse or psychiatric disorders without specific written authorization from the patient or the patient s personal representative state laws rcw 71.05.390 r
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public records act chapter 42.17 rcw for many of their other administrative functions head injuries state that the head is injured skull fracture may be reported if this has been confirmed by a physician internal injuries state that the patient suffered internal injuries a more specific diagnosis may be released if based on a physician s report shooting and stabbing state only that there is a gunshot wound or stab wound hospital personnel should not speculate on how or why this was inflicted unconsciousness if a person is unconscious when brought to the hospital this may be reported if authorized by the patient s personal representative hospitals will make no statement as to cause until determined by a physician unusual illnesses hospitals will confirm any unusual illnesses or potentially epidemic conditions as reported to local health authorities patient identification will not be released without permission of the patient or the patient s personal representative birth announcements p
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