HIPAA violations and the cell phone

Rob72, ASN, RN · Apr 25, 2012

Do we need to have cell phones banned in patient care areas. I say cell phonesdue to picture capability. In the last roughly 8 months there have been 4 accountsof staff being fired for taking pics of patients genitals. This occurred in the city I workin. Oddly, the pics were of male patients. Seems to be a trend.

This is a blanket solution that removes individual responsibility. If one is too stupid to not take photos of their crime (or have taking photos as their crime), fire them, and prosecute their licensure. As long as the facility takes, "reasonable measures and reports a Privacy breach within a reasonable time frame", the facility cannot be held liable, under HIPAA.

HouTx, BSN, MSN, EdD · Apr 25, 2012

Totally agree with PP. The technology is not to blame. Clinicians that choose this kind of behavior should lose their professional license. Their morality & integrity are so poor that they cannot be allowed to serve in positions of trust. This reminds me of the old days when organizations refused to allow internet access at work because of fear that some employees would use it inappropriately.

Esme12, ASN, BSN, RN · Apr 25, 2012

Are these people licensed personnel? Are they still working for the facility? If you aren't grown up enough and professional enough to make smart decisions then you deserve to be fired and reported.......to the board, to the government, to the patients, and to the police.

UNBELIEVABLE! :banghead:

imintrouble, BSN, RN · Apr 26, 2012

I am scheduled for minor surgery. There are so many things about surgery that worry me. The main one is how I will be treated when I'm unconscious.

Believe it or not, having my picture taken has crossed my mind. Not because I'm an exceptional human specimen. It's because without a doubt somebody in the surgical area will know me, even though I don't work at the hospital where the surgery will be performed.

luvmy2angels · Apr 26, 2012

this has been a trend where i work as well and has resulted in numerous firings over the past months. I agree, if you aren't professional enough and have enough common sense to know it is illegal to take pics without permission they should be fired and reported!! This is also true for social media networks like myspace and facebook. A employee took a VIDEO of a resident and not only sent it to the POA but posted it on facebook.

nurse2033, MSN, RN · Apr 27, 2012

Its not the cell phone, its the people!

Lynx25, LPN · Apr 29, 2012

Who DOES that!? That's terrible- and I don't know how it's become a trend.

However, if they are retarded enough to take pictures of people like that, they won't obey the "No cell phones" rule.

Amelias · Apr 29, 2012

sounds like you have an employee problem and not really a phone problem. what kind of people do they let work there?

RNfaster · Apr 29, 2012

I am shocked that people would be stupid enough and shameless enough to do such a thing. I agree that they should be terminated. I have not heard of such a thing related to my job places. Hopefully, it is a rarity that we only occasionally hear about. I think people that do such things also might have some "deviant" characteristics...

psu_213, BSN, RN · Apr 29, 2012

In the last roughly 8 months there have been 4 accountsof staff being fired for taking pics of patients genitals.

Are you kidding me? This does not even seem to be a HIPAA issue (the vast vast majority of men are not going be recognized solely based on the appearance of their genitals). It would seem like someone with even the most basic human dignity would recognize how slimy this is and not do it.

If there is an argument for banning cell phones it would be that some staff spend time texting and updating their Facebook rather than doing their work. For the people who are thinking of taking pics of the genitals of a pt., banning cellphones is not going to suddenly cause an improvement in their basic ethics.

caliotter3 · Apr 29, 2012

Are you kidding me? This does not even seem to be a HIPAA issue (the vast vast majority of men are not going be recognized solely based on the appearance of their genitals). It would seem like someone with even the most basic human dignity would recognize how slimy this is and not do it.
If there is an argument for banning cell phones it would be that some staff spend time texting and updating their Facebook rather than doing their work. For the people who are thinking of taking pics of the genitals of a pt., banning cellphones is not going to suddenly cause an improvement in their basic ethics.

I find it disgusting that they can't take the time to do their duties, but they can take the time to take pictures of the patients.