Can an intern physician create a consent form for using patient photos in a study?

Consent Requirements for Patient Photos in Research Studies

Intern physicians cannot independently create consent forms for using patient photos in research studies. 1 Patient photographs require proper informed consent that adheres to institutional and ethical guidelines, which typically involves standardized forms approved by the institution's review board.

Proper Protocol for Obtaining Consent for Patient Photos

Who Should Create and Obtain Consent

• Consent forms for research purposes should follow institutional guidelines and be approved by the relevant Institutional Review Board (IRB) or ethics committee
• While interns may participate in the consent process, they should use institutionally approved forms rather than creating their own 1
• The consent process should be overseen by senior physicians or principal investigators responsible for the research study

Essential Elements of Photo Consent

According to the American College of Medical Genetics guidelines 1, proper consent forms for patient photographs should include:

• Clear explanation of all potential uses of the images (medical record, teaching, publication, research)
• Explicit discussion about electronic publication and worldwide distribution
• Statement that the image will enter public domain and may not be removable once published
• Reassurance that refusing consent will not affect medical care
• Contact information for future questions or withdrawal of consent
• Option for patients to specify which uses they consent to (e.g., medical record only, teaching, publication)

Special Considerations for Vulnerable Populations

• For minors (under 18): Parent/guardian permission is required 1
• For children 7 years and older: Both parental permission AND child assent should be obtained 1
• For developmentally disabled adults: Guardian consent and patient assent when possible 1
• For deceased patients or stillbirths: Next of kin consent is appropriate 1

Common Pitfalls to Avoid

1. Creating ad-hoc consent forms: This can lead to inadequate protection of patient rights and privacy
2. Assuming verbal consent is sufficient: Written consent is strongly recommended for research purposes 1, 2
3. Not explaining all potential uses: Patients need to understand all ways their photos might be used 1
4. Failing to address electronic publication: The internet creates special privacy concerns that must be addressed 1
5. Not showing patients the actual photos: Patients should see which images will be used 1

Best Practices for Research Photography

• Use institutionally approved consent forms that comply with IRB requirements
• Document consent in the medical record
• Provide patients with copies of the consent form
• Include contact information for withdrawing consent
• Consider the hierarchy of dissemination when determining consent detail needed 3
• Recognize that patient awareness about consent requirements may be lower than that of healthcare professionals 2

Research indicates that patient understanding of consent requirements differs significantly from healthcare professionals. In one study, only 33% of patients considered written permission necessary for identifiable face photos, compared to nearly 90% of healthcare professionals 2. This highlights the importance of thorough explanation during the consent process.

The protection of patient privacy and autonomy must be the paramount consideration when obtaining and using patient photographs for research purposes 1.