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Discussion

HIPAA violation?

There is question as to if I committed a HIPPA voilation. On a pt who is a new parapalegic, thus not all too mobile, she has recently had a trach removed and is in the process of healing. When we were changing the dressing covering the site I took a picture so she could see it. After she looked at picture I announced to him and everyone in the room I was deleting the picture and fully displayed the act of deleting the picture. The resident freaked and ran to nurse manager with the issue. Was I a bad RN or just trying to benefit the pt?

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    There is question as to if I committed a HIPPA voilation. On a pt who is a new parapalegic, thus not all too mobile, she has recently had a trach removed and is in the process of healing. When we were changing the dressing covering the site I took a picture so she could see it. After she looked at picture I announced to him and everyone in the room I was deleting the picture and fully displayed the act of deleting the picture. The resident freaked and ran to nurse manager with the issue. Was I a bad RN or just trying to benefit the pt?

    I'm sorry, but your account is confusing. Who is "him" bolded above? Why was he in the room while you were doing personal care on a patient? Who is "everyone" and why were they present?

    Did the patient agree to you taking the picture? Did she express that she was satisfied when you deleted the picture?

    Did you take the picture with a digital camera owned by your facility or your personal cell phone?

    If the patient consented to the photograph and was satisfied that it was deleted, I don't understand how this is anyone else's business. But I would never snap a photo with my own cell phone, just for my protection. And I ask others to leave the room while I am performing personal care, unless there is a close family member who plans to assist.

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    • Author
    There is question as to if I committed a HIPPA voilation. On a pt who is a new parapalegic, thus not all too mobile, she has recently had a trach removed and is in the process of healing. When we were changing the dressing covering the site I took a picture so she could see it. After she looked at picture I announced to him and everyone in the room I was deleting the picture and fully displayed the act of deleting the picture. The resident freaked and ran to nurse manager with the issue. Was I a bad RN or just trying to benefit the pt?
    Sorry, him should have been her. It's was my phone camera. Only thing we had while changing dressing
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    • Expert

    Forst of all....my pet peeve it's HIPAA .......NOT HIPPA.......Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, you may have invaded the patient privacy but as long as you didn't post it to facebook you should be fine unless the facility has a policy against picture taking and requires written permission form the patient. You aren't a bad person for trying to help the patient but get a mirror....leave your phone in your pocket at work unless dialing 911.

    HIPAA FAQs

    Summary of the HIPAA Privacy Rule

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    • Expert

    You were not being a bad nurse...educating patients is always a good thing. However, your execution leaves a lot to be desired, for your own safety and the safety of your license.

    If the patient consented to the picture being taken, then technically it's not a HIPAA violation. However, IMO it's a bad practice to do, especially with a cell phone camera and/or without a written consent.

    Think about how you would defend yourself on this matter in front of your supervisors, in court, or in front of the BON. First, it could be possible to recover deleted files from storage systems, so the fact that you deleted it doesn't mean it's definitely gone forever.

    Second, you're taking a picture on a device not authorized by your facility--facility devices have measures in place to safeguard any patient data on them, such as encryption, limited access, etc. Your cell phone lacks that. What is someone got their hands on your cell phone, even for a few minutes, before you deleted it? That image could have been shared with others w/o your knowledge. And unless the cell phone is sutured to your hand, it IS possible for someone else to get hold of it.

    Last, a PT can always deny they gave verbal consent. It's kind of hard for them to refute a written consent that they signed.

    Always CYA.

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    I'm wondering if you could have gotten one mirror behind her and one mirror in front of her to show her this dressing...

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    Your hospital probably has a policy on this. Where I work, that is a huge no no, esp since we are not to have our phones out at any time while we are on the floor. Flat out, if someone reported us, we would most likely be fired. Verbal consent is usually not enough, you have to have written consent, like for medical photography.

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