Facebook and HIPPA

wooh, BSN, RN · Dec 31, 2009

Facebook tends to make people stupid. It's like you log in and your brain turns to mush.

Trauma Columnist · Dec 31, 2009

I wouldn't want to talk bad about my employer and then plan to continue to work there.

I don't know about you guys but jobs are hard to find.

John--RN · Dec 31, 2009

Only if the terms of employment included a nondisclosure agreement. Usual terms of employment cannot contravene federal law, which guarantees freedom of speech. Your employer thus, may not like your comments but there is little that he can legally do, unless you had signed a specific contractual agreement, to keep certain aspects of his operation secret (that non-disclosure agreement). Then he could not only fire you, but sue you specifically for damages as related to the breach of contract.
Of course, in the absence of a NDA, he could also constantly look over your shoulder and find something to justify your discharge, but that sort of retaliatory nonsense is another matter entirely.

If you work in a right to work state they can still fire you over it, NDA or not.

Orca, ADN, ASN, RN · Dec 31, 2009

I wouldn't want to talk bad about my employer and then plan to continue to work there.

That is about as concisely as it can be put. Legal or not, talk trash about your employer and your life could get a lot more miserable.

nurserin · Dec 31, 2009

I have a similar situation, except one of my co-workers/former nursing schoolmate, and former friend on Facebook, had been printing out my and a few other co-workers facebook status' and showing them to the DON. For example, on my birthday/Christmas I posted, "It's my birthday, bare mins at work". It is a waste of time to me if I am going to do something like that. I know who to trust and not to trust now. If it doesn't harmfully involve my patients/residents, then it's not worth it. This same person is one who recently became the staff coordinator from floor night shift nurse, and several times cussed out our DON...not sure what she's getting at. My job is not even posted on Facebook. Freedom of speech!

Virgo_RN, BSN, RN · Dec 31, 2009

I'm not really an expert on HIPAA, so I'm not sure if the posts described in the OP fall under the Privacy Rule. Certainly, if it is a small community, even without specific identifiers, it's possible that the individuals could be identified, so I'd say it is a violation of their privacy, even if it's not a HIPAA violation.

I work in a regional medical center that serves a large portion of the State, yet if I were to post details of a particularly gruesome code, it is quite possible that the friends and family of that person would be able to identify them.

Best to keep posts about work very vague, such as "It was a busy night at work, and I'm really tired...."

touchhealth · Dec 31, 2009

If I was a patient and learned any of the hospital staff caring for me was posting about my personal medical situation/story on a forum like Facebook I would be absolutely ******!!!!! :angryfire I'm talkin' lawsuit ******. Doesn't matter how vague, patient information should be kept private and personal. If there isn't a formal stance on this at your hospital, one should be put into place immediately.

Maybe speak with some of your supervisor's about establishing a clear code of rules (like HIPPA) that applies to facebook and social media sites. This might save you alienating your co-workers & makes sure that everyone is on the same page. If the postings continue from there, then go ahead and turn 'em in....

Good luck!

madwife2002, BSN, RN · Dec 31, 2009

At my previous place of work they sent out a disclaimer last year warning of the concequences of discussing their place of work on FB, twitter and warned of being dismissed immediatly

Emergency RN · Dec 31, 2009

if you work in a right to work state they can still fire you over it, nda or not.

aye; that's the rub isn't it? that constitutionally guaranteed freedom of speech can get you fired in a right to work state; if the party spoken of, doesn't like what was said? this is why its so important to have unions; to prevent such open retaliation from such employers. it flies in the face of professional ethics and reason that one's employer can persist in bad conduct or wrongdoing but their employees are expected to not even talk about it. :down:

support your nursing unions!

cjcsoon2bnp, MSN, RN, NP · Dec 31, 2009

As another user mentioned Facebook tends to make people really stupid. I will occasionally post a status about work but its nothing more than "Rough night in the ED. I need sleep!!" or "I really love kids. I knew I was meant for this job!" but that is the extent of my posts. Don't worry though at some point your coworkers will get caught and will probably be fired for it. Just let them sink their own ships.

!Chris :specs:

John--RN · Dec 31, 2009

aye; that's the rub isn't it? that constitutionally guaranteed freedom of speech can get you fired in a right to work state; if the party spoken of, doesn't like what was said? this is why its so important to have unions; to prevent such open retaliation from such employers. it flies in the face of professional ethics and reason that one's employer can persist in bad conduct or wrongdoing but their employees are expected to not even talk about it.
support your nursing unions!

i agree with supporting nursing unions but it is almost impossible in these lovely right to work states. i did not really understand them coming from a very pro union state.

roser13, ASN, RN · Jan 1, 2010

PLEASE.

SPREAD THE WORD.

It is HIPAA, not HIPAA.