Yes, pictures of the patient are considered part of their health record. You are able to disclose them in the same manner as other types of PHI are disclosed. A patient’s photograph that identifies him/her cannot be posted in public areas, such as hallways, without specific authorization from the patient. Likewise, a patient’s photograph that identifies him/her cannot be used in any form of publication without the patient’s specific authorization. If the patient is not identifiable from the image, it is not considered to be PHI.