We have become a video-based society. What started as photos on social media has expanded into a constant stream of video across Instagram, TikTok, Snapchat and dozens of other platforms.
Now, consider the security cameras that are ubiquitous in daily life: traffic cameras, surveillance cameras, even doorbell cameras.
The average American is caught on camera roughly 238 times a week, with that number reaching into the hundreds for people who travel frequently or work in high-traffic environments.
For Illinois physicians, that surveillance landscape has a direct professional consequence. When someone files a complaint with the Illinois Medical Board, video evidence is increasingly part of what investigators review.
[Related: Should Illinois Physicians Use Social Media in their Practices?]
How Video Evidence Can Be Used in an IDFPR Investigation
Medical privacy laws exist to protect patients. Federal and state law restrict photographs, audio recordings and videos taken inside medical facilities, but those protections run to patients, not to the physicians treating them.
Video evidence gathered in the course of an Illinois Department of Financial and Professional Regulation (IDFPR) investigation can be used against a physician. That video may come from a variety of sources:
- Security cameras at the medical facility or the location where the alleged conduct occurred
- A patient or family member recording alleged wrongdoing on a personal device
- Dashcam or police body camera footage from an arrest
The Illinois State Medical Board can use any of these as evidence of conduct that warrants discipline, up to and including license suspension or revocation. As in any legal proceeding, a license defense attorney may be able to challenge the admissibility or legitimacy of video evidence being used against you.
[Related: Does an Illinois Physician Have To Submit to Questioning by an IDFPR Investigator?]
What Happens When You Made the Video: HIPAA and Social Media
There are also situations in which the physician is aware of the video because they recorded it. HIPAA imposes specific restrictions on what medical professionals may post on social media about their work and their patients.
Under HIPAA’s privacy rules and guidance on audio and visual recording in clinical settings, any recording that involves or identifies a patient is subject to HIPAA’s requirements, regardless of the platform on which it appears.
Violations of these rules can trigger IDFPR disciplinary proceedings in addition to federal HIPAA penalties. License suspension is among the possible outcomes. The reach of social media means a single post can produce evidence used in multiple proceedings simultaneously.
[Related: Unauthorized Access of Patient Records Violates HIPAA]
What To Do If the Illinois Medical Board Notifies You of a Complaint
If the Illinois Medical Board tells you that a complaint has been filed, whether it involves video evidence or not, do not delay in seeking legal representation. The IDFPR’s investigative process is formal, and much is at stake.
Video evidence and social media posts have upended physicians’ careers in Illinois.
A physician who waits to retain counsel often finds their options narrowed before representation even begins.
[Related: Illinois Physicians: What You Must Report to the IDFPR After an Arrest]
Contact Williams & Nickl If Your Medical Practice Is Facing an IDFPR Complaint
If the Medical Board has contacted you about a complaint, whatever the evidence involves, reach out to Williams & Nickl. We specialize in professional license protection, and we know how to build a defense. We also hate to lose.
Call us at 312-335-9470 or contact us online to schedule a free, confidential 1-hour consultation.
Browse our testimonials and case results to see how we’ve helped Illinois physicians like you defend their licenses before the IDFPR.