It's a crime to take pictures of your patients

Nurses HIPAA

Published

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?

Specializes in Geriatrics, Dialysis.

Tenebrae, you are absolutely right. Documenting wound progression is done regularly. We also take pictures of all residents on admission for identification purposes as we don't use any identifiers on the person, our residents don't wear name bands. Those pictures though are only used in house. We had to update our software to allow us to print face sheets without the pictures attached as we can't fax resident info to other agencies, not even their own primary MD, with a photo.

It's like some other posters said, I don't think the news media should have more rights than health care staff.

It is not about your rights or the TV news' rights. It's about the patient's rights.

In the case of the TV news crew, if the admin of the building didn't allow them in, they wouldn't be able to photograph anyone in the course of their employment as newshounds, and I am sure the administration wouldn't let them do that without assurances in writing about patient consents.

You, presumably, go in the building several days a week, and the administration has the right to assume that you know enough not to take pictures of your clients in the course of your employment as a nurse. Exception: documenting wounds, rashes, etc., for which you use the facility's camera only and NOT your own cellphone.

I hope that adds to your understanding of the difference.

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