I maybe in trouble, HIPPA Violation

Stephalump · Feb 7, 2013

I'm not saying she shouldn't be punished strictly because there wasn't a policy. That's part of it, but I don't agree that there should be such a policy to begin with. I don't think she should be punished at all. Talked to, yes. Counseled on the possible real world repercussions of similar behavior in the future? Yes. Punished for a HIPAA violation, no.

My school does not own me. I pay THEM. I keep my rights to free speech and all that jazz unless I sign them away. Plenty of people willingly sign them away for education (private/religious schools come to mind), and that's cool, but you know what you're getting into.

My school as a whole would never react to a post like that in such a way. But for some reason, the nursing programs seem to think they own students in a different way. Almost like we're employees. Probably stems from the days when that actually was the case.

I haven't joined a convent and the only time I expect my behavior to matter is when I'm in school or clinicals...unless I'm told otherwise. I lead a rather boring life, so it's not actually an issue, but it's the principle of the matter.

Esme12, ASN, BSN, RN · Feb 8, 2013

OP.....the lesson here is......STAY OFF SOCIAL MEDIA with ANY work/school posts. It isn't worth the trouble it causes even if it isn't a HIPAA violation....AND....keep your FB page private. No work "friends" No "school" buddies. If you feel some need to stay connected with these people get another page. Keep your private life private and your work life work....keep work off social media.

Many facilities, hospitals, schools are over zealous and throw the term HIPAA around freely to intimidate and frighten everyone into submission and obedience. I do not know the exact contents of what you posted but it sounds like you did not have a "HIPAA" violation.....however.....you probably violated the schools privacy policy/confidentiality/social media policy.

Here is a social media policy from a nursing school.....University of Carolina. Most of these confidentiality/HIPAA policies clearly state no posting of anything related to your schooling on social media sites.

You need to apologize and state that you have learned a valuable lesson......Not only about privacy, professionalism, confidentiality, and HIPAA but about reading everything completely before you sign it...for you will be held liable for your actions.

I am sorry you are going through this ((HUGS)). I hope everything works out in your favor.

Take a look at this thread/article by GrnTea The answer: Is this a HIPAA violation?

psu_213, BSN, RN · Feb 8, 2013

Schools can feel however they want about how students are representing them, but since we are paying them for their services they do not have carte blanche when it comes to acting on their displeasure.

Schools are not a 'customer service' based venture. For them reputation is everything. Suppose after clinicals a student went to the bar in their school issued clinical uniform. The student had a few too many and began dancing on the tables and seductively removing said uniform. You better believe the school has the right to protect their reputation by punishing the student, up to and including dismissal from the school. Just because the student is paying the school, that does not give the student carte blanche to behave badly.

psu_213, BSN, RN · Feb 8, 2013

but I don't agree that there should be such a policy to begin with.

So here is a school trying to attract good students. A prospective student is researching the school. A FB page comes up during a google search and there are several posts by students expressing their disgust about the clinical rotation including a post about lady partss and onions. I would think a top students would stop considering that school right there. I believe the school has to defend their reputation and having a social media policy is part of that defense.

Stephalump · Feb 8, 2013

Schools are not a 'customer service' based venture. For them reputation is everything. Suppose after clinicals a student went to the bar in their school issued clinical uniform. The student had a few too many and began dancing on the tables and seductively removing said uniform. You better believe the school has the right to protect their reputation by punishing the student, up to and including dismissal from the school. Just because the student is paying the school, that does not give the student carte blanche to behave badly.

I think all my drunken table dancing in college was done in school t-shirts or jackets. It was what we did, and the school had no course of action to punish us for sullying their good name. And I went to a private, insanely expensive Baptist school.

It's just too subjective. If they didn't approve of open homosexual behavior (which would definitely "mar" a Christian school's reputation...out you would go! Pray to Allah? Out! Tattoos? Out? Pregnant out of wedlock? Out! Smoke? Out! Write bad professor reviews online? Out!

But it doesn't work that way in most schools. It just doesn't. Nursing programs inside of schools seem to think it should.

I can get behind a social media policy, mostly because it's really a fantastic protection for the student. When you're young and dumb, it's best to have a nice clear easy boundary to respect, rather than walk the fine HIPAA line. Just don't talk about clinicals. Don't talk about tests. Don't talk negatively about your professors.

I was in a class once where the instructor really was terrible. Nice lady, but terrible teacher.

Students took to emailing each other through the school's email system about their reasonable (at least I thought so) complaints. No horrible name calling or anything like that. Just complaining about things.

Another student decided to print out all of the emails and hand them in to our professor. We ALL paid for that one. She actually went so far as to deactivate our class web page so we couldn't communicate so easily.

I got the second highest grade in the class, and my grade was a C. I wasn't even part of the fiasco and had to learn that lesson the hard way. If you don't have anything nice to say, say it to your husband or best friend...NOT anyone remotely related to your program.

NightNerd, MSN, RN · Feb 8, 2013

Can I be real? I just wouldn't want to read anyone's FB post about lady partss and onions, period, no matter if I'm a work friend or a school friend or your best friend since pre-school.

OP, regardless of whether this was a HIPAA violation or just an unprofessional mistake, I think this is a good reason to consider finding another venue through which to digest your clinical experiences. Within the right context, sharing a joke here and there is not a problem, but there's definitely a time and place for them. Co-workers or fellow students who share clinical experiences with you will almost definitely be able to relate to these things a lot better than your average Facebook friend; and it's just better not to put some things in writing. I share plenty of sidelong glances and wisecracks with the CNAs and RNs where I work, because they are the ones who will understand, but I know my boyfriend, family, and friends will not be so enamored with what we perceive as funny. Just my two-pence.

I hope everything works out OK with this unknown punishment. You sound like you understand what went wrong and are willing to make it right and learn from it, so hopefully they will give you the opportunity to do that. :)

psu_213, BSN, RN · Feb 8, 2013

I think all my drunken table dancing in college was done in school t-shirts or jackets. It was what we did, and the school had no course of action to punish us for sullying their good name.

I must admit I stole the example of dancing drunk on the table while wearing the school's nursing uniform...this was an example used by my nursing school's director as something that would get you kicked out of the program. We signed a professional behavior agreement at the beginning of school and they can most definitely punish someone who violates it.

And another thing. I paid for my education. I paid for the "privilege" of taking the NCLEX. I paid for my license. I pay every 2 years to renew my license. Yet the state BON is able to take that license away for otherwise legal behavior they deem to be unprofessional.

wanderlust99 · Feb 8, 2013

I'm not trying to kick you when your down, but you just posted this again, but on a public forum, with your first name and your picture visible. Remember that things said on the internet can follow you, I know from personal experience. If I were you, I'd consider deleting your pictures, changing your user name and editing the opening message. Pretty much every nurse reads allnurses, so surely your classmates and possible teachers do too.

I hope everything works out for you. Everyone makes mistakes, point is we learn from them.

mclennan, BSN, RN · Feb 8, 2013

Someone has to say it:

Regardless of HIPAA or any school/facility policy, it's pretty classless, juvenile and immature to post ANYTHING about lady partss and onions on your Facebook. Really? Being gross isn't always being funny. Being gross is just usually being gross. And not funny.

Grow up.

Altra, BSN, RN · Feb 9, 2013

In this world we now share our thoughts and beliefs with the online world, Facebook is something that so many people utilize now to stay in touch with friends and family.

OP, I'd suggest you reflect on the following:

1. Every thought in your head does NOT need to come out of your mouth, or your fingers.

2. It is EXTREMELY unlikely that "friends and family" want to hear your reflections on lady partss. I'd put the probability at about 0.

3. This incident has nothing to do with Facebook and little to do with HIPAA. It has everything to do with your failure to recognize what are appropriate conversational topics and what are not.

iluvivt, BSN, RN · Feb 11, 2013

Here is the sad part....that patient or patients that you were making a joke of..... is a real human being. That human being,somebody's loved one has entrusted the healthcare workers to HELP them. It is a privilege that must be respected to provide nursing care to another but you made a mockery of that relationship! It shows incredibly poor judgement and makes me question your motives for wanting to enter the profession. Violation or not how would you like it if someone posted something like that about you or someone you love. My instincts have always been to protect the underdog and as such I protect my patients.

Overland1, RN · Feb 11, 2013

It might be easier to discuss what I know about HIPPA. I am a nursing student to begin with. From what I've learned is that sharing patient information with those who are not directly involved with that patient's care is wrong. Talking about the patient even when there is no mention with names or any way to identify the patient is even wrong whether it be in an elevator or any other place.
My infraction:
In this world we now share our thoughts and beliefs with the online world, Facebook is something that so many people utilize now to stay in touch with friends and family. Unfortunately I made a posting about my experience that day in the healtch care setting. I spoked about how I got to see preocedures and aid in it, how I felt about it, the way I smelt after wards. I wrote all of that unknowingly that I was violating HIPPA because I had not mentioned names, I wasn't speaking about any specific patients it was gross because I had talked about smelling like lady parts and onions(the onions coming from my sandwhich really not the patient), I didn't mention where I was working at they were strictly reflections of my experience. The content of it was inappropriately gross but I didnt' feel like there was a violation that I had comitted. In essence it was offensive to some people and it came near the line of violating HIPPA, one of my class mates had reported me to my program coordinator and I am having to write a paper for him citing how I will correct myself and what interventions I plan on doing. My coordinator also told me that there will be a punishment that I will learn later in few days before lecture. He will discuss his interview with me to other people to decide what the punishment will be, I'm scared of being thrown out of the program or worse, delaying or not allowing me to graduate or sit for the NCLEX. I'm scared of not being able to graduate and delaying my time. What could happen to me?

I surmise that, at least in relative terms, HIPAA will be the least of concerns.

Why people post some stuff on Facebook used to amaze me, but none of it surprises me anymore. Heck,my niece just posted a picture of herself on there that would definitely embarrass her parents and raise the eybrows of present and future employers.