HIPAA violation or just a bad decision? - page 5

i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake. a nurse that is an assistant manager of a picu... Read More

  1. by   Princess1234
    it is a violation if there is any way the child could be identified. There have been violations involving x-rays. Even if the face is not visible, if the disorder is unique, or if there is any reason the photo (or written information) could reasonably lead to identification, it is a violation. If, for some reason, it may not technically be a violation, it is still WILDLY unethical. The person with knowledge should report it, and let the feds determine whether it is a violation or not. S/he should report to the hospital for a couple of reasons - the patient in the photo is a patient at that hospital, and they are charged with safeguarding their patients' PHI safe. Another reason is that it is their employee who is taking unauthorized photos. They need to take a long, hard look at that practice. What's up with the 180 days thing? Show me that in the law please. And if the co-workers know this is going on and do nothing about it, they are just as guilty. I agree with tokmom--"Your co worker needs to have her license shredded into teeny tiny bits and her butt kicked by the BON until she screams for mercy."
  2. by   Overland1

    We do not need HIPAA (although too many apparently felt in passing of that law that "Led and spoon fed" are necessary) to realize that recording anything (audio or visual) involving a patient, unless clinically indicated, is clearly a large step over the line of ethics and decency.

    If said nurse actually committed such an act of stupidity, that nurse should be out of there and the license cancelled immediately.
  3. by   SNB1014
    hipaa or not hippa, this person is an @ss
  4. by   mom4josh
    "If I only had a brain..."

  5. by   texashyles
    Wow..if that were my child! I agree it is a HIPAA violation, besides being ethically atrocious.
  6. by   kindaquazie
    Any and all photography of any patient is a horrible violation and the person should be ashamed. There are some exclusions, histological samples..., but these are usually listed in the conditions of admission. Never, ever take a picture of a patient without a signed authorization. They are vulnerable and it is our responsibility to protect, not exploit them.
  7. by   fiesty_red_head
    It is clearly a violation. Without the express permission of the patient, in this case the parents as the child is unable to give consent, it is not permissable by law. To make fun of the child's condition is even worse. What an unfortunate situation.
  8. by   conniern2001
    This is clearly a violation of HIPPA, more importantly, a blatent disregard for ethics and morality. Am I reading this right?? An assistant nurse manager took the picture? I am appalled. In addition, the fact that the writer of the original post was "unsure" of what to do also needs to understand the difference between right and wrong. I am a RN and work in a children's hospital and sometimes my patients have special needs and this "blows my mind" and saddens me that a nurse would take part in the immature behavior. IT IS SO WRONG ON SO MANY LEVELS!!!!! Never is it appropriate to take a picture of a child with your camera while you are in the hospital setting. PERIOD! End of story.
  9. by   CountyRat
    "HIPAA violation or just a bad decision?

    Do I only get to pick one or the other? I need an "all of the above, and then some" option.

    As for the legal responsibilities of the staff member who received the pictures; that is a question for an atorney. The answer may be different in different states. If I knew them, I would urge them to ask nursing administration of the facility to get a legal opinion. All hospitals have access to lawyers these days (sigh). Simply hoping that this will blow over is foolish. The recipients of the photographs, and very likely, the facility for which they work, need legal counsel and they need it bad!
  10. by   craftynurse
    Although they did not ask for it, their colleague has now envolved them. As a recipient of this photo they now have a responsibility in response of the other coworkers unsound and unethical judgement. As licensed professionals we have certain responsibilities. The point you are missing is that to do nothing is a choice also. In my opinion the wrong choice.
    Last edit by craftynurse on Apr 5, '12 : Reason: spelling
  11. by   jbluehorseh
    In simple terms yes this is a vilolation, and she needs to be fired.
  12. by   BostonTerrierLoverRN
    This many days later, and "Fired" just seems soooooooooo "gentle."

    I really like where that earlier poster was going to relocate the photographer's phone.
  13. by   SandraCVRN
    I didn't read all the posts but my facility is very strong about this type behavior.

    Afew months ago 2 ER nurses got fired for a similar case. A mentally handicapped adult was in the ED and ended up with comments and a photo taken of her red haired private area. The matter was resolved very fast!!!

    My bosses can make me crazy sometimes as they all can but it was nice to see they will not tolerate fools.