Newborn pictures posted on social media?

Nurses HIPAA

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Is it a HIPAA violation if a nurse posts a picture of a newborn on social media with no other names or identifiers? The image reveals face of the newborn as the nurse holds the baby. Although some say all babies may not be easily identifiable, social media have date and time of postings displayed to determine if the nurse was working at the time. This seems so confusing!

I work with newborns as my job as a PP nurse. I would NEVER take pics newborns or any other patient for that matter and post them on social media

Specializes in ED.

Yes, this is a clear HIPAA violation. Why? 1) the date and time of the birth is in the medical record, which makes it PHI. Plus, 2) the picture of the baby is a clear identifier. My son could be easily identified from his baby pictures alone. You employer could be charged with violating HIPAA, through your actions.

Specializes in ER.

Was it me or did it sound more like the hospital's Facebook page may have had a L&D nurse holding a baby on the Facebook? If that's the case, then hopefully they had written consent from the parents to post the picture.

Specializes in LTC Rehab Med/Surg.

I wouldn't take a chance with my job.

I don't care how small the chance.

It just seems kind of silly to risk your future over a picture.

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.

Just don't do it. People lose their jobs over stupidity such as this!

I learned from law enforcement friends that child predators looking for newborns use social media to locate potential targets. I also know that hospitals in some smaller towns/communities do not have hired security professionals on contract but instead rely on their own staff/doctors/nurses to be "security guards" after hours. Another very important reason not to post these things!

The pic I referred to in my original post was on a personal Facebook page. This nurse also had hospital staff, supervisor and peers in addition to some patients as Facebook friends.

Specializes in SICU, trauma, neuro.

Just another thought even if there are no identifiers on the pic, or if the baby looks different after a week because newborns do that... You can right-click on a pic and select "search Google for this image." It could very easily be tied to the parents if they have the pic on their own FB page, or their Shutterfly share site, etc.

Specializes in critical care.
It is not confusing at all....do NOT post anything patient related on FB. PERIOD. What is it with this obsession to post every detail of your life in the public eye? ANYTHING to do with the patients and facility stays OFF social media!

We had an extensive discussion about this recently....If she posted it on her FB is it a HIPAA violation. https://allnurses.com/hipaa-nursing-challenges/pts-fb-pictures-901379.html

Oh dear lord THAT thread.

What is the point in even risking it? What purpose would it serve?

Do you know that he hospital will be required to initiate disciplinary action and a person who works in quality assurance will be required to sit down and write a letter with your name in it saying that you did this inappropriate thing? HIPAA isn't just this thing that people talk about. Facilities are required to enforce it, and if they don't, THEY get in trouble. Do you think it's any skin off their backs to fire you in an effort to save themselves? And how well do you think a potential employer will respond when they ask why you left your last job?

Eta: hypothetical and general "you", not specifically you.

Why would anyone want their picture taken with some random baby, that wasn't even their kid? For what purpose? I'm not trying to be mean, but I honestly don't understand the reasoning behind this. That would be like approaching some stranger on the street, and wanting your picture taken with them. Who does that?!

I agree... I do not understand why it's so important for these nurses to post work related pics or comments on social media at all. This nurse is a "social butterfly" as one might guess from the hundreds of friends in FB and the postings of kinds of activities. It's about being popular with peers and liked by everyone which seems more important than the actual responsibilities of nursing. Since this nurse is on the day shift and takes time to be social on duty, it means tasks expected to be completed by the day shift, are left for the night shift.

Great links. Thank you! Social media e-professionalism and specifically HIPAA can be a very slippery slope. It;s very important to be not only an informed consumer of social media, but also an informed poster on social media.

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