facebook and HIPPA

Nurses General Nursing

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Specializes in Med/Surg.

Has anyone known nurses who put pictures of patients to their facebook accounts? Is this even legal?

Specializes in Education, FP, LNC, Forensics, ED, OB.

A good thread: Nurse posts brain surgery pics on Facebook - Nursing for Nurses

Specializes in Med/Surg, Ortho, ASC.

HIPAA

And no, it is definitely not legal. Some would even call it unethical and/or immoral to violate a patient's privacy in that way.

Why do you ask?

Specializes in Critical Care.

Technically or real-world?

Technically:

"Individually identifiable health information” is information, including demographic data [...] and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual."

Real-world:

Posting pictures = termination. Don't do it, unless you're up for a drawn-out legal battle.

There can be more far-reaching consequences to such an action than just getting terminated from your job. Not wise at all.

I do know of some MD bloggers who do post intraop films. They do so more of showing an interesting case. The patient is never mentioned. But they do pretty fully present the case particulars. I study these cases!!! Love it.

I know a student nurse who took pics of terrible injuries in the er with pt permission with her phone. She wanted to show her instructor and the rest of us. The hospital didn't seem to care. I was a little concerned for her...:eek: as far as I know she never posted them.

However I am not on facebook, and refuse friendship offers routinely so I wouldn't know if she did.

I also was told by a classmate that someone she works with complains about her job on her facebook, and has coworkers as friends on that page. :uhoh3:

Specializes in ER, cardiac, addictions.
I do know of some MD bloggers who do post intraop films. They do so more of showing an interesting case. The patient is never mentioned. But they do pretty fully present the case particulars. I study these cases!!! Love it.

I know a student nurse who took pics of terrible injuries in the er with pt permission with her phone. She wanted to show her instructor and the rest of us. The hospital didn't seem to care. I was a little concerned for her...:eek: as far as I know she never posted them.

However I am not on facebook, and refuse friendship offers routinely so I wouldn't know if she did.

I also was told by a classmate that someone she works with complains about her job on her facebook, and has coworkers as friends on that page. :uhoh3:

You have to be really careful what you post on Facebook. One of my coworkers was reprimanded, simply because she posted a picture of herself at work. No patients in the background, nothing that would violate anyone's right to confidentiality---but she was told, in no uncertain terms, to change it. (Which she did.) At about the same time, we discovered that one person who was asking to be "friended" (she had one of those common names that sounds vaguely familiar to most people)was actually an HR person in disguise, monitoring staff remarks on Facebook for HIPAA violations.

I just play it safe, and avoid discussing specific patients at all there. But I've had patients with nasty looking injuries, who asked friends and family members to take pictures for Facebook before suturing, splinting or cleaning them up. Strange world we live in. :eek:

Specializes in Med/Surg.

In my understanding and opinion this is not only unethical and immoral but illegal as well. Even if the patient gives a consent it is easy enough to say they did not understand the ramifications especially given the medications they are usually on in the hospital.

Specializes in CVICU, Obs/Gyn, Derm, NICU.
Has anyone known nurses who put pictures of patients to their facebook accounts? Is this even legal?

It is very concerning that we have persons in our midst who would consider putting p't information on facebook.

They need to be fired. How did they ever get through a nursing program?

And it's one thing for a patient to post pics of their own injuries and whatnot on their own social media site. But not for a nurse to post someone else's stuff is a whole different thing.

I work in LTC and have patients that send me friend requests on FB. Im afraid that if i deny them theyll be offended when i see them at work the next week.But on the other hand Im not sure I want these people to be privy to my nonprofessional life!

Specializes in Oncology, Rehab, Public Health, Med Surg.

So I work in pediatric home health. It's very common for nurses to pull out their phone to show me pix of their other "kids". Most tell me the parents wouldn't mind. Makes me wonder-- were the parents even asked?

I don't have any idea if they post them online anywhere. I've always wondered if it's a disregard for HIPAA or ignorance.

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