Case Study: HIPAA violation or not?

[Allmy?]

Scenario:

A student took a picture of a patients wound during clinicals, we are unsure if consent was given. The student then showed the pressure wound to the class at a break. Should she be reprimanded for this action or no harm was done? is this a HIPAA or PHI violation? Ethical or legal?

[Katillac, RN]

It looks like photos of wounds aren't PHI because the wounds themselves aren't permanent, so they aren't considered identifiers. So no HIPAA violation, but if taken without consent and disclosure how the photo will be used is against my personal and professional ethics.

From https://www.novarad.net/hipaa-and-your-patient-photography/

"What makes a photo PHI?

Not all patient photos contain PHI but are identified as health information. A patient photo is considered to contain PHI if it has any of the following patient identifiers:

Any portion of the face

Tattoos

Name or Initials

Birth Date

Social Security

Address

Date of service

Medical Record Number

For patient photos containing PHI, HIPAA does not require a patient release if used in your health care operations (training, teaching, etc.). But photographs used in external settings (conferences, seminars, etc.) Cannot be used without patient consent. Patient photos that do not contain any identifiers, do not require approval."

[/username, BSN, RN]

Definitely not a HIPAA violation, however, it is likely in violation of school's and/or hospital's privacy policy.

[cayenne06, MSN, CNM]

The problem here is not the photo per se. It is how the photo was obtained- by a student, on a personal cell phone.

This is just wrong, HIPAA or not. As a student, you don't take pictures of people who are vulnerable and reliant on you for care. 100% never okay. Even if it is interesting and you want to show your classmates.

Just asking the patient if you can take a photo is crossing the line. You have no right to make that request, and the patient could easily feel pressured to consent.

If her providers deemed a picture was necessary (for medical or learning purposes) and the patient was appropriately consented, It would be reasonable for a student to request a copy for their own education.

And, you especially do not take that pic on your UNSECURED PERSONAL PHONE! I mean whaaat. i just cant even. I just can't even.

Serious lack of judgment here.

[traumaRUs, MSN, APRN]

Moved to HIPAA challenges