Is this legal? What are the nurse's rights on privacy in the workplace?

Last week I discovered that a spouse of one of my patients has a tape recorder in the room & has been recording staff when they come in the room. The spouse also writes down every single thing we do in the room & has been very accusatory, forgetful, argumentative & agitated towards staff. 3 nurses have seen her with the recorder and the other nurses heard themselves on it when the spouse hit the play button by mistake.

I spoke to a supervisor about this and found out that management is well aware of it yet has done nothing about it. I think its illegal to record us without our knowledge or permission. If this spouse were to take this to court for whatever insane reason, it wouldnt stand most likely. I don't understand the reasoning behind it because there has been nothing to my knowledge to warrant this. The spouse stays 24/7 & is extremely suspicious of everything we do & has made countless complaints & accused staff of not checking on the patient, even though this spouse has assisted with care many many times & watches us like a hawk to the point that its more of a burden than a help.

Also, after talking to the supervisor it was brought to my attention that the spouse has also smacked the patient several times demanding that they get up and walk, talk and eat etc...the patient is the victim of a massive devastating stroke that has taken most of their abilities away from them, making it impossible to return to what was a normal lifestyle 3 months ago. They have done nothing about this alleged smacking either except threaten the family with a call to DSS. I thought that if they knew of "abuse" it was to be reported immediately to a higher power...even it was just suspected abuse. This spouse has done this in front of 3 different staff members according to the supervisor.

My question is this, is it legal for this spouse to be recording us? When I go in the room I don't ever go alone...none of us do. I document every single time I go in and what I've done etc. I just don't appreciate being recorded with no good reason and without my permission. Should management not have stepped in and did something about this privacy violation to its staff? Are nurses (and c.n.a's) not supposed to have some type of privacy protection in their place of employment?

Please note, all the spouses accusations and complaints prior have been unfounded according to the supervisor I spoke with.

currently, 37 states allow "one party consent" recording of telephone and in-person oral communications. these are: alaska, arkansas, colorado, georgia, hawaii, idaho, indiana, iowa, kansas, kentucky, louisiana, maine, minnesota, mississippi, missouri, nebraska, nevada, new jersey, new mexico, new york, north carolina, north dakota, ohio, oklahoma, oregon, rhode island, south carolina, south dakota, tennessee, texas, utah, vermont, virginia, west virginia, wisconsin and wyoming.

this does not include telephone conversations. for example if i am in the hospital i can record all conversations between myself and those caring for me without their consent.

interesting to note that my state is not listed here.

as health care providers we are all mandated reporters. someone had better get on the ball here.

:up: :up: :up: :up: :up:

Specializes in Acute Care Cardiac, Education, Prof Practice.

Sounds like a hot case for the Ethics Committee! The abuse is the most disturbing portion for me.

As far as the taping goes get Risk Management/Legal Dept involved ASAP. They need to be notified immediately. Thhey will advise you how to prceed or take over. Thy are looking to sue down the line. It is wise that none of you provide care alone. DOCUMENT DOCUMENT DOCUMENT.

If you see abuse you are a mandated reporter. Get Social Services, APS, Tthe police, etc. involved immediately. I know you haven't witnessed it as of yet but if this truly happening and others haven't gotten the proper authorities involved it is shameful. A big part of our job is advocating for those who can't advocate for themselves. This woman is in such a vulnerable position. Pls step up and do the right thing for her. I would also not leave him in the room alone with her either. God knows what he does when no one is around. Do thorough skin assessment for bruising, burns, etc.

Specializes in PICU, ICU, Hospice, Mgmt, DON.
Sounds like a hot case for the Ethics Committee! The abuse is the most disturbing portion for me.

I agree...the abuse is more important than the recording.

and by the way....it doesn't state it is a "she"....it could be a little old man getting hit and punched too, women can be just as abusive as men.

Please make the call.

Specializes in ED.

As previously mentioned, the legality depends entirely on what state you live in. There are "one party" and "both party" recording states. In the majority of states, you can record someone without their consent. In the remaining states, recording a person without their consent is illegal.

Specializes in SICU.

Cover Your A......

as some previous posters noted, Document flawlessly.

btw. In most Nurse practice acts, you are mandated as a Licensed Nurse to report SUSPECTED cases of abuse.... so.......... someone needs to get this done asap!! maybe they will even have evidence in the form of said tape recordings...

Specializes in Psych ICU, addictions.
Cover Your A......

as some previous posters noted, Document flawlessly.

btw. In most Nurse practice acts, you are mandated as a Licensed Nurse to report SUSPECTED cases of abuse.... so.......... someone needs to get this done asap!! maybe they will even have evidence in the form of said tape recordings...

You are right in that nurses are mandated to report abuse...however, in many states, spousal abuse falls into that big grey area of "the battered spouse has to be the one to file the charges." That means that while you can call CPS for child abuse and adult protective services for elder abuse, you can't call the cops and report the spouse for abuse without the patient's go-ahead.. That doesn't mean you shouldn't advocate for the patient's safety as much as you legally can, though...because you definitely should! But keep in mind that in the end, the patient has to be the one who wants to take legal action.

As far as being recorded...I work in a psych facility, so I'm used to being filmed as it is :) As long as you are acting professionally and in the scope of your practice--then while being recorded without your consent is annoying, you shouldn't have anything to worry about. I definitely would let your NM, Risk Management and HIPAA compliance people know they're doing this though, and like everyone else says, thoroughly document everything.

Specializes in Hospice / Psych / RNAC.

I will make comments on the legality of recording people without their permission. I have talked to lawyers on this subject and it all depends on what state you live in. Where I live it is legal to record a conversation with someone without their knowledge.

Some of you might remember the big break when the two student journalists dressed up as a pimp and a prostitute and recorded conversations to get housing from Acorn. Because the recordings happened in more then one state it all depended on which state the recorded conversations took place happened in order for them to be able to air them.

The result of that was congress pulled the federal funding for Acorn. Acorn has now gone underground and renamed itself and still gets federal funding I believe.

Anyway in the end it all depends on what state you're in and the laws pertaining to recording a conversation when one of the persons is not aware of the recording.

I know for sure that it is illegal to record or videotape anyone on a psychiatric unit due to the Mental Health Code laws in my state. Visitors and patients are not allowed to use cell phones on the unit especially if it has a camera. Also, if the patient is being abused, you can make a phone call and report it.

currently, 37 states allow "one party consent" recording of telephone and in-person oral communications. these are: alaska, arkansas, colorado, georgia, hawaii, idaho, indiana, iowa, kansas, kentucky, louisiana, maine, minnesota, mississippi, missouri, nebraska, nevada, new jersey, new mexico, new york, north carolina, north dakota, ohio, oklahoma, oregon, rhode island, south carolina, south dakota, tennessee, texas, utah, vermont, virginia, west virginia, wisconsin and wyoming.

this does not include telephone conversations. for example if i am in the hospital i can record all conversations between myself and those caring for me without their consent.

alabama isn't listed but it is also a one party state.

Specializes in Psych ICU, addictions.
I know for sure that it is illegal to record or videotape anyone on a psychiatric unit due to the Mental Health Code laws in my state. Visitors and patients are not allowed to use cell phones on the unit especially if it has a camera. Also, if the patient is being abused, you can make a phone call and report it.

I meant that management--the hospital itself--films us only for security purposes, and patients as well as staff are make aware of this before they are admitted/accept employment. We don't allow patients to have their electronics, and we don't allow visitors to use their cell phones or cameras on the unit. I'm sorry if I was confusing :)

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