It's a crime to take pictures of your patients

Emergent, RN · Dec 22, 2014

No, I have no problem not photographing patients. Just don't do it and you'll be fine. I'm sure it's okay if you are a part of a church group that ministers at a nursing home. You just shouldn't do it if you work at a facility.

In the grand scheme of things, it's very minor and easy to avoid violating this law.

roser13, ASN, RN · Dec 22, 2014

All of those dementia patients had their caregivers with them, all of whom no doubt gave consent. I thought it was a very inspiring piece. Not sure what you're calling "false flattery."

How does your having concern for your patients equal a need to photograph them? And because you took a "good" picture, it shouldn't qualify for HIPAA protection?

Really don't get the point of this post. And yes, I think you might be alone in your attitude.

KelRN215, BSN, RN · Dec 22, 2014

There's no double standard. HIPAA does not apply to the news and presumably, some form of consent by residents or their next of kin WAS given before this taping occurred. I worked in a hospital that was featured in a documentary TV series a few years ago. The patients/parents gave permission for them to be taped and for staff to speak to the camera crew about their cases. I still couldn't go home and say "I knew that patient who was on TV last night!" And it's not a double standard, I am still bound by HIPAA. Actually, earlier this year I was videotaped giving a child chemotherapy in his home for a profile a local news station was doing on his family. Even though there was video on local TV of me in this child's home (so it was obvious he was my patient) I still wouldn't discuss it with anyone outside of my employer. I didn't even tell my mother that this had happened/would be airing because I knew she would watch it and then start asking me a bunch of inappropriate questions about the child's care that I couldn't share.

Taking pictures of a resident/patient just because they're photogenic is wrong. Anyone can see that and I'm not sure why it would even occur to you to want to do that. If it pertains to their care, it can be done. My doctor took a picure of my bullseye rash when I went in with presumed Lyme disease this year. That picture is in my records, as another one of my doctors commented on it. She asked permission before she did it and there was no problem with it, since it was a picture that was used to document a medical condition. I have some pictures of me with long term patients on the days that they finished their treatment- it's ok because their parents took the pictures and sent them to me. I would never initiate that.

iPink, BSN, RN · Dec 22, 2014

If I take a picture of my patient it violates HIPAA law even if I have genuine concern for them and even if they're photogenic.

Because a non-photogenic picture means otherwise? Not a chance, still a HIPAA violation there too.

What concern do you have? Mistreatment, abuse? If so, you should be documenting such concerns in your nursing notes. They are binding legal documents. Why do you feel the need to take pictures?

mhy12784 · Dec 22, 2014

There's no double standard. HIPAA does not apply to the news and presumably, some form of consent by residents or their next of kin WAS given before this taping occurred. I worked in a hospital that was featured in a documentary TV series a few years ago. The patients/parents gave permission for them to be taped and for staff to speak to the camera crew about their cases. I still couldn't go home and say "I knew that patient who was on TV last night!" And it's not a double standard, I am still bound by HIPAA. Actually, earlier this year I was videotaped giving a child chemotherapy in his home for a profile a local news station was doing on his family. Even though there was video on local TV of me in this child's home (so it was obvious he was my patient) I still wouldn't discuss it with anyone outside of my employer. I didn't even tell my mother that this had happened/would be airing because I knew she would watch it and then start asking me a bunch of inappropriate questions about the child's care that I couldn't share.
Taking pictures of a resident/patient just because they're photogenic is wrong. Anyone can see that and I'm not sure why it would even occur to you to want to do that. If it pertains to their care, it can be done. My doctor took a picure of my bullseye rash when I went in with presumed Lyme disease this year. That picture is in my records, as another one of my doctors commented on it. She asked permission before she did it and there was no problem with it, since it was a picture that was used to document a medical condition. I have some pictures of me with long term patients on the days that they finished their treatment- it's ok because their parents took the pictures and sent them to me. I would never initiate that.

I think its pretty wide spread (and becoming even more so) for hospitals to take pictures of pressure ulcers and stuff now a days. Especially with all the new laws changing how reimbursement works.

But the whole thing about wanting to take pictures of patients or something is just weird.

I mean unless the OP is talking about patient's asking the nurse to take a picture of them (ie they have a grandchild visit and want a picture with the 2 of them or something).

KelRN215, BSN, RN · Dec 22, 2014

I think its pretty wide spread (and becoming even more so) for hospitals to take pictures of pressure ulcers and stuff now a days. Especially with all the new laws changing how reimbursement works.
But the whole thing about wanting to take pictures of patients or something is just weird.
I mean unless the OP is talking about patient's asking the nurse to take a picture of them (ie they have a grandchild visit and want a picture with the 2 of them or something).

I have a feeling the OP was talking about wanting to take a picture of a cute little old lady or something like that. This is a weird thread.

Editorial Team / Admin · Dec 22, 2014

More than likely, the television station required anyone who appeared (or their POA if unable to consent themselves) to sign a release form. We had a local news station follow a patient through surgery. Not only did the patient have to sign a release, but so did all of the staff who appeared in any small part- including the nurse who walked by and had an inch of elbow appear in the recording. It's not something that is taken lightly at all. Difference between HIPAA violation and television report is who the law is aimed at and permission/release forms. I honestly don't think there's a double standard and that you seem to be blowing this out of proportion.

Pepper The Cat, BSN, RN · Dec 22, 2014

Any pics for publicity must include release forms and involved informed consent. Film crews don't just randomly show up and start filming. It is all planned out ahead of time,

One the other hand, a nurse whipping out her cell phone and faking a picture because the pt is photogenic is just wrong.

amoLucia · Dec 22, 2014

HIPAA reminds me of all the restrictions that happen when you serve on a jury.

HIPAA is heavy-duty confidentiality. And it's the law, so there's no wiggle room. And it's here to stay.

SierraBravo · Dec 22, 2014

If I take a picture of my patient it violates HIPAA law even if I have genuine concern for them and even if they're photogenic.

Even if I have no plan to share the picture with outsiders and even if it's a good picture, I can get in trouble for this and be asked to erase them. Legally, they can call the state on me. They call me "a covered entity."

Why is it okay for a newspaper staff or T.V. channel to publish pictures of nursing home residents and include false flattery and talk about their disease process?

I was irritated when I saw the news report that filmed dementia patients singing in a group.

They're confused so it's not rational to ask their permission to give them this kind of publicity. Even with no identifying information, I find this disgusting.

Am I the only one who has a problem with this double standard?

Apparently I'm not the only one who doesn't understand why in the world you would EVER take a personal picture of any of your patients? Are you trying to get yourself fired? Please excuse the candor, but this post just strikes me as absolutely ridiculous.

JustBeachyNurse, LPN · Dec 22, 2014

I'm asked at times to photograph my patients by parents. It's not a HIPPA issue as parental consent is given and the parent's camera is used. The photo is for parent/family use and I just help document milestones that may be missed for the family --at their request. All of my pediatric clients are beautiful and adorable..highly photogenic. But that is no reason for use my phone or camera to catch the moment.

If anything the photographer at the home doing a story on my patient and family did a fantastic job getting no more that a bit of my hand or a glimpse of my scrub. I was listed as "one of -----'s private skilled nurses expertly tending to ----'s complex needs" which was more than appropriate .

I don't want random healthcare professionals photographing my child because he's "cute and photogenic". Want a photo of his rash, scar, condition for the record..go ahead.