Pt's FB pictures of me

[rse3]

I am a nursing student, and my dad is an ON/GYN. I recently helped him deliver a baby, and his pt took pictures of us and posted them on Facebook. I would like to have these pictures, as I hope to become a CNM, and would love to have a picture of my dad and me at my first delivery. (There are pics of us with and without the baby.)

Is it a HIPAA violation if I click on the "..." and save these pictures to my phone since she made them public on Facebook (we are not FB friends. I searched for her.) I really want these pictures, but want to have them legitimately. Thanks!

[Esme12, ASN, BSN, RN]

I am referring to the ICU.

Facebook actually isn't "password protected" just like an obituary, anyone can look up someone on facebook and view their information, photos, etc unless they make such information private. You also agree to Facebook's terms and conditions which reminds you that information is public but that anything you post, including pictures, are available for public use including downloading.

I agree that she probably shouldn't contact the patient, although that's not necessary to view or even download a photo of herself and her dad.

Do you view the obituary as being different just because in it's a newspaper? Do you see it as being significantly to read the obituary online vs in an an actual paper?

You have to join FB with an account and password. When you sign off you have to resign back in with a pass word. Again look to your hearts content...when you start downloading...I think there is a boundary crossed. It would be like looking them up and driving past their house every week to see what they are doing or to catch a glimpse of their baby you helped deliver.

Never a good idea.

You can look at the jewelery in the window but when you place it in your pocket it becomes a crime.

Clearly we see this differently. I have never seen obits posted in my ICU. YOu stated LTC

I've seen obits posted in every LTC staff break room I can think of and this isn't the only hospital I've worked at the distributed obits in one way or another. It's usually the obits that say "thanks to the Nurses at so-and-so".

If your facility does it then that is their choice.

We are not going to agree. If I was her boss/instructor we would be having a talk about professional boundaries. Each nurse makes her own choice. I have made mine. You choose yours.

[Esme12, ASN, BSN, RN]

someone posted the NCSBN social media guidelines on another thread...

Confusion between a patient’s right to disclose personal information about himself/herself (or a health care organization’s right to disclose otherwise protected information with a patient’s consent) and the need for health care providers to refrain from disclosing patient information without a care-related need for the disclosure.

The ease of posting and commonplace nature of sharing information via social media may appear to blur the line between one’s personal and professional lives. The quick, easy and efficient technology enabling use of social media reduces the amount of time it takes to post content and simultaneously, the time to consider whether the post is appropriate and the ramifications of inappropriate content

.https://www.ncsbn.org/Social_media_guidelines.pdf

[MunoRN, RN]

You have to join FB with an account and password. When you sign off you have to resign back in with a pass word. Again look to your hearts content...when you start downloading...I think there is a boundary crossed. It would be like looking them up and driving past their house every week to see what they are doing or to catch a glimpse of their baby you helped deliver.

I have to sign in to my newspaper's obituary as well, that doesn't however mean that the content contained is private information.

If you feel that people can 'look to their heart's content' that we agree at least to some degree, what I've been trying to understand is how some posters believe that prohibiting viewing public information is somehow an established standard.

Never a good idea.

You can look at the jewelery in the window but when you place it in your pocket it becomes a crime.

It's a crime because you are stealing someone else's property, viewing pictures is not and even downloading them from facebook is not since you submit to facebook's terms when you upload.

Clearly we see this differently. I have never seen obits posted in my ICU. YOu stated LTC If your facility does it then that is their choice.

I said I've seen them in both, not just LTCs.

We are not going to agree. If I was her boss/instructor we would be having a talk about professional boundaries. Each nurse makes her own choice. I have made mine. You choose yours.

I would agree that it's an individual decision, what's been argued is that it's not.

[MunoRN, RN]

someone posted the NCSBN social media guidelines on another thread....https://www.ncsbn.org/Social_media_guidelines.pdf

Did you mean to paste a different part of the guidelines? I can't any part of this that prohibits the viewing of public information.

[Esme12, ASN, BSN, RN]

Again......She isn't viewing she's downloading.

I have to say that when vague terms are used as unprofessional conduct it is up to the individual what is appropriate...personally I would avoid that cesspool.

To understand the limits of appropriate use of social media, it is important to have an understanding of confidentiality and privacy in the health care context. Confidentiality and privacy are related, but distinct concepts. Any patient information learned by the nurse during the course of treatment must be safeguarded by that nurse. ( I would include that patients name) Such information may only be disclosed to other members of the health care team for health care purposes. Confidential information should be shared only with the patient’s informed consent, when legally required or where failure to disclose the information could result in significant harm. Beyond these very limited exceptions the nurse’s obligation to safeguard such confidential information is universal.

Privacy relates to the patient’s expectation and right to be treated with dignity and respect. Effective nurse-patient relationships are built on trust. The patient needs to be confident that their most personal information and their basic dignity will be protected by the nurse. Patients will be hesitant to disclose personal information if they fear it will be disseminated beyond those who have a legitimate “need to know.” Any breach of this trust, even inadvertent, damages the particular nurse-patient relationship and the general trustworthiness of the profession of nursing.

when it is up to subjective opinion.....I tend to lean to the hands off! category.

[MunoRN, RN]

Again......She isn't viewing she's downloading.

I have to say that when vague terms are used as unprofessional conduct it is up to the individual what is appropriate...personally I would avoid that cesspool.when it is up to subjective opinion.....I tend to lean to the hands off! category.

I agree that as a personal choice it's not one I would make, but I still haven't heard of any generally established standards that prohibit viewing this (which is what I've been questioning), and even downloading, saving a link to the image etc doesn't appear to be prohibited as a standard so long as there is no patient related information shared, divulged, revealed, etc. It's not something many Nurses would chose to do, but it doesn't appear to be clearly defined otherwise either.

[BostonFNP, APRN]

I thought by now we could appreciate a bit of humor on the topic. I saw this today on social media and it made me think of this thread.

[Esme12, ASN, BSN, RN]

I agree that as a personal choice it's not one I would make, but I still haven't heard of any generally established standards that prohibit viewing this (which is what I've been questioning), and even downloading, saving a link to the image etc doesn't appear to be prohibited as a standard so long as there is no patient related information shared, divulged, revealed, etc. It's not something many Nurses would chose to do, but it doesn't appear to be clearly defined otherwise either.

Not well defined in my experience means termination and disciplinary action.

Boston...LOVE IT!!!!!!!!!!

[MunoRN, RN]

Not well defined in my experience means termination and disciplinary action.

Boston...LOVE IT!!!!!!!!!!

There's no shortage of coverage of stories where someone is terminated or faces disciplinary action for improper use of social media, so there should be at least one example you can give me where someone was fired or disciplined simply for viewing or even downloading publicly available information.

[Esme12, ASN, BSN, RN]

I personally know of 4 over the last 7-8 years. They can't be proved as they were not in the papers and I can't share their stories. If they wish to share their stories that is another matter altogether. Their dismissal...violation of hospital policy and procedure, conduct unbecoming a professional, breech of privacy/confidentiality, and moral turpitude. 2 went to the BON. Both received probation....one was employed at a union facility.

[MunoRN, RN]

I personally know of 4 over the last 7-8 years. They can't be proved as they were not in the papers and I can't share their stories. If they wish to share their stories that is another matter altogether. Their dismissal...violation of hospital policy and procedure, conduct unbecoming a professional, breech of privacy/confidentiality, and moral turpitude. 2 went to the BON. Both received probation....one was employed at a union facility.

I have a feeling you're referring to a confidentiality/privacy breach and not something that an individual, including you and I, might find to be unseemly since you still seem to confuse the two. Viewing public information and even downloading public content is not moral turpitude by any stretch.

Maybe you could vaguely generalize the situations.

[Esme12, ASN, BSN, RN]

I have a feeling you're referring to a confidentiality/privacy breach and not something that an individual, including you and I, might find to be unseemly since you still seem to confuse the two. Viewing public information and even downloading public content is not moral turpitude by any stretch.

Maybe you could vaguely generalize the situations.

I never said it was moral turpitude. That was the stripper thread.

I can't...unless they want me to...they are members here. If they want to add to the conversation they can.