It's a crime to take pictures of your patients

Nurses HIPAA

Published

If I take a picture of my patient it violates HIPAA law even if I have genuine concern for them and even if they're photogenic.

Even if I have no plan to share the picture with outsiders and even if it's a good picture, I can get in trouble for this and be asked to erase them. Legally, they can call the state on me. They call me "a covered entity."

Why is it okay for a newspaper staff or T.V. channel to publish pictures of nursing home residents and include false flattery and talk about their disease process?

I was irritated when I saw the news report that filmed dementia patients singing in a group.

They're confused so it's not rational to ask their permission to give them this kind of publicity. Even with no identifying information, I find this disgusting.

Am I the only one who has a problem with this double standard?

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Saiderap.... You have participated in many threads with this subject and should be well versed by now that a nurse does not take random pictures of the patient. Picture in the media are STRICTLY consent driven. Pictures of wounds are also consent driven when you read the fine print of admission consent.

Why on earth would you take a picture of a patient even if they are cute? I am baffled.

Maybe I should have given better background on this app, I apologize for that. It was developed by MDs at Stanford that helps students share interesting diagnostic images, labs, skin issues etc. The images can only be shared if there is consent, which there is a consent form built into the app and the person can sign it on your phone and it can be emailed to them and the hospital. Social media can be used for good and that is what Stanford was trying to achieve.

No need to get super upset and start being rude and insulting.

Maybe I should have given better background on this app, I apologize for that. It was developed by MDs at Stanford that helps students share interesting diagnostic images, labs, skin issues etc. The images can only be shared if there is consent, which there is a consent form built into the app and the person can sign it on your phone and it can be emailed to them and the hospital. Social media can be used for good and that is what Stanford was trying to achieve.

No need to get super upset and start being rude and insulting.

Doesn't mean one wouldn't get fired for taking unnecessary and unathorized photos.

Maybe I should have given better background on this app, I apologize for that. It was developed by MDs at Stanford that helps students share interesting diagnostic images, labs, skin issues etc. The images can only be shared if there is consent, which there is a consent form built into the app and the person can sign it on your phone and it can be emailed to them and the hospital. Social media can be used for good and that is what Stanford was trying to achieve.

No need to get super upset and start being rude and insulting.

For the explanatory paragraph, I thank you. That would have eliminated the need for questioning in the first place.

For the comment about being upset, rude and insulting.....it was YOUR rude comment that caused the response you received. Not "super upset", but irritated at your insinuation. And I believe that wraps that up.

I think what the OP meant is this. it is wrong for staff to take photo of patient, so why does the news channel have the right to. I don't think the OP is saying they want to take photos of any patient.

if informed consent was obtain then the news channel is in the wrong. But it wouldn't be a hippa violation as their are not providing care to these patients.

Doesn't mean one wouldn't get fired for taking unnecessary and unathorized photos.

FWIW, my facility specifically forbids any taking of any photos for any reason by direct-care staff, with or without consent of the subject. The reasoning is that a patient may give permission because he or she feels pressured to do so, or may believe that his or her care may be compromised if the answer is "no, you cannot take a picture of my wound (or whatever)". It may be strict, but it's also very, very clear.

Specializes in Oncology; medical specialty website.

Why do nurses seem to have such difficulty understanding HIPAA regulations? I honestly don't get what's so hard to understand.

I think a lot of people are missing the point here. I didn't get that the OP is lamenting that she isn't allowed to photograph her photogenic patients. I think it's more her being upset that camera crews were allowed to capture photo/video of dementia patients.

I agree with you and a few others who have said this.

Since someone else saw the video mentioned by the way (from roser's post, it sounded "inspiring") I wonder if it could be linked here?

FWIW, my facility specifically forbids any taking of any photos for any reason by direct-care staff, with or without consent of the subject. The reasoning is that a patient may give permission because he or she feels pressured to do so, or may believe that his or her care may be compromised if the answer is "no, you cannot take a picture of my wound (or whatever)". It may be strict, but it's also very, very clear.

Exactly. There's more involved than simply the individual client giving consent.

Specializes in Geriatrics, Dialysis.

Probably not a double standard at all. Do you know what happened behind the scenes before the media was filming these dementia residents? We have had pictures of our residents published in the local newspaper, some have been featured in short news stories on TV and a few have been in ads for the facility. In all these cases signed releases were obtained either from the resident if they were capable and responsible for themselves or from the residents POA if they were not.

Specializes in retired from healthcare.
I think a lot of people are missing the point here. I didn't get that the OP is lamenting that she isn't allowed to photograph her photogenic patients. I think it's more her being upset that camera crews were allowed to capture photo/video of dementia patients.

Thank you, that explains my whole point.

Who has time to take cute pictures?! ;)

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