Surveillance cameras in pedi patient's home? - Page 3

Some General Guidelines on video surveillance
In general, most video recordings are legal in the U.S. with or without consent. Laws do exist regarding "Invasion of Privacy" which deals with the area of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, bedrooms and other areas where a person should expect a high level of personal privacy.

While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, it is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to comply with all local and regulations prior to utilization of video surveillance and monitoring.

Hidden Camera Laws
The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. A private place is one where a person may reasonably expect to be safe from unauthorized surveillance, locker rooms, restrooms etc. Several states have laws prohibiting the use of hidden cameras in only certain circumstances, such as in locker rooms or restrooms, or for the purpose of viewing a person in a state of partial or full nudity.

Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michagin, Minnesota, South Dakota, and Utah also prohibit trespassing on private property to conduct surveillance of people there.

In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.

Covert video surveillance is illegal when:
The subject has a reasonable expectation of privacy (4th Amendment rights) i.e. in a bathroom; motel room; changing room
If audio eavesdropping is also taking place, covert surveillance may be illegal when:
The person with authority over the premises has not consented
The reason for the video surveillance fosters an illegal purpose
http://www.wecusurveillance.com/cctvlaws
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As long as she is working in your home, you are not required to tell her she is being recorded and assuming she has nothing to hide, there would be no issue with the recording.

Ok so this was the bit I was talking about.

"US Code Title 18, Chapter 119, Section 2512 prohibits the interception of oral communication by "surreptitious manner," such as a hidden camera, and so most nanny cams are not available with audio recording. Though some on the market may be available with the ability to record audio, these cameras should not be used due to the illegality of the recordings they produce. Nanny Cams are legal in all 50 states, but it is illegal in 13 states to record audio without express or written consent of the nanny being recorded. This falls under the federal government's ‘wire tapping’ laws."

You are in their home...with their child. There is not expectation of privacy for you are on duty. I do not believe you have the right, as a nurse in someone elses home, to refuse. Could you please your references for this?

I think what she means is the nurse has the right to refuse a case. This is true, once you orient or start a case you have every right to tell your agency that you don't wish to be assigned that case and the fence finds another nurse (you don't walk out on the case as that would be abandonment). Just like a family cn call the agency to refuse a nurse (request a change in provider). My classmate oriented to my primary case. Parents weren't comfortable and they requested the agency never send her back, and she hasn't been back since.

It is both ethical and legal to videotape a nanny, babysitter, healthcare provider, assuming she is working IN YOUR HOME, in rooms where she/he would have no expectation of privacy. It is unethical and illegal to videotape her/him in rooms where there ARE expectations of privacy. These are bathroom, her/his bedroom (live in) and any areas where she/he would be dressing or undressing.

As long as she/he is working in the home, the homeowner is not required to tell them that they are being recorded and assuming there is nothing to hide, there would be no issue with the recording.

These recordings may not be published on the internet or used for purposes other than maintaining the safety of the child or children. These are to be viewed by the homeowner and the homeowner only, and subsequently destroyed, assuming there is no witnessed misconduct.

Most states and the federal government restrict "voice recordings". "You" are free to videotape anywhere the human eye can see, with the exception of areas that are deemed to have an "expectation of privacy" such as the bathroom and the nanny's/nurses priavte bedroom(live in). Many camera come without sound to prevent you from accidentaly recording conversation.

The general rule is "you must have permission to record conversation, some states require consent of both parties (Calif) while other states require only the permission of one of the parties to the conversation.....in taping voices/conversations.

It is however, legal in all 50 states to use a hidden camera. However, it is ,illegal to record speech without a person's consent in the following 16 states: Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, New Jersey Pennyslvania,California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, and Washington