Nurse Posts About a Patient on Facebook ... Duty to Report?

Nurses HIPAA

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Question for you all:

If a nurse posts a Facebook status about their patient, blatantly mocking the reason for their admission (i.e., an embarrassing reason), most people would agree this is a HIPAA violation even if the patient was not ID'ed by name.

But do fellow nurses have a duty to report this nurse in any way to management or to the state BON?

Specializes in Family Medicine.

I don't think we are mandated HIPAA violation reporters.

I'd just give this "friend" a heads up and tell him/her their status may violate HIPPA.

PacoUSA, BSN, RN

3,445 Posts

Specializes in ICU / PCU / Telemetry / Oncology.

This person is no longer a friend (Facebook or otherwise) by my choice, as my attempts to discuss this were "dismissed."

llg, PhD, RN

13,469 Posts

Specializes in Nursing Professional Development.

I don't know the answer to the legal question.

But as to a moral obligation ... I think you do have an obligation to report her to her employer (if that is feasable). She is hurting that patient and is likely to hurt others if nobody stops her. If you see somebody hurting other people, don't you feel like you have a moral obligation (if not legal one) to say something about it? Would you similarly ignore a robbery? a physical assault? child abuse? etc. Where to you draw the line when it comes to stopping someone from hurting some innocent victim?

Overland1, RN

465 Posts

Additional advice about what not to post on social media:

nurseprnRN, BSN, RN

1 Article; 5,115 Posts

YOU're not a mandatory HIPAA reported but your hospital can be in big trouble if that gets back to the patient, lawyer, or heirs... and if they pay a hefty fine, it could impact the bottom line enough that bad things can happen. Make an anonymous report to your institution's risk manager office. They will take it from there.

elkpark

14,633 Posts

I agree with reporting to the individual's boss or the employer's HR/risk management folks, and let them decide how to handle it (I would usually say to discuss it with the individual first, but you noted you've already done that).

jadelpn, LPN, EMT-B

9 Articles; 4,800 Posts

Risk management. BUT if the person doesn't have the hospital name that they work at on their facebook page, then in fact, she could be talking about anything. Shows poor character, for sure. But unless she has "Mercy Memorial Hospital ER RN" for her job listed, I am not sure what if anything can be done. But I would pass it by your risk manager, and see what they say.

salvadordolly

206 Posts

Specializes in Oncology, Med-Surg.

Some LTC and home health agencies now monitor their employees facebook pages for Hippa violations. we just had a cna get fired for posting about a patient.

krwrnbsn

77 Posts

I am astonished by the things that could potentially be related back to a patient. I think it is never appropriate to mention anything related to patients or patient care. It is absolutely unprofessional and could land you in deep trouble with BON. I think that we will see more nurses being disciplined for postings on social media.

tewdles, RN

3,156 Posts

Specializes in PICU, NICU, L&D, Public Health, Hospice.
I am astonished by the things that could potentially be related back to a patient. I think it is never appropriate to mention anything related to patients or patient care. It is absolutely unprofessional and could land you in deep trouble with BON. I think that we will see more nurses being disciplined for postings on social media.

Sounds like social media needs to be a focus in nursing school.

CrunchRN, ADN, RN

4,530 Posts

Specializes in Clinical Research, Outpt Women's Health.

Dumb move by that person. Just boggles the mind.

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