Need advice on ethics

[AWorley80]

If a CNA takes a picture of a deceased resident, is it still a HIPPA violation? It was not posted to any social media that I am aware of, but it was shown to coworkers in the facility. I am unsure of what to do, but it isn't sitting right in my conscience.

[ventmommy]

I can't imagine how that isn't a violation of the patient's privacy and the facility's policies.

[JKL33]

I suppose depending on unknown particulars of the way the information was discussed and shared it may be a HIPAA violation. Beyond that, it is likely a violation of privacy practices as mentioned.

And it was a violation of someone's dignity. Just indecent in general.

[VivaLasViejas, ASN, RN]

There is no justification whatsoever for taking a picture of a deceased patient and circulating it around the workplace. Not just because of HIPAA either. It's a violation of their right to be treated with dignity and compassion. I hope this incident will be reported and the guilty person loses her/his job.

[JustBeachyNurse, LPN]

The only ethical reason to take such a photo would be by police or investigators who brought an unknown person to a facility. There is exactly zero valid reason for the actions of the CNA.

It's HIPAA health insurance portability and accountability act. And yes HIPAA privacy rule survives death with only legal & public health exceptions (such as criminal death or death from a reportable communicable disease)

[Here.I.Stand, BSN, RN]

Why in hades would someone take a photo of a deceased person?? And I assume it was taken on a cell phone??? Uff da. Bad idea of epic proportions.

[inthecosmos, BSN, MSN, RN, APRN]

Just why?

[trytounderstand]

Just why? Wrong all the way around. No one should be taking pictures of patients whether alive or deceased without their permission. If this is just being shown around not being used for medical purposes then there is no justification.

If it was taken on a personal cell phone, just another reason for those to be banned from any medical facility personnel. If they are necessary for care of patients and to be able to contact each other or doctor they should be provided by hospital/facility and have to be checked in and out. No access to outside internet to avoid possibility of something being posted to social media.

[Neats, BSN]

The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. The Rule explicitly excludes from the definition of "protected health information" individually identifiable health information regarding a person who has been deceased for more than 50 years. See paragraph (2)(iv) of the definition of "protected health information" at § 160.103.

[Penelope_Pitstop, BSN, RN]

HIPAA nonwithstanding this is very unprofessional, disrespectful and unethical. There are things that a healthcare professional does that are wrong but have nothing to do with HIPAA. Before HIPAA was a thing, this would have been a huge no-no, too.

[amoLucia]

Why in hades would someone take a photo of a deceased person?? And I assume it was taken on a cell phone??? Uff da. Bad idea of epic proportions.

This is NOT an uncommon practice for many people at family funerals.

I think it's creepy but it's freq done. For many, it's a final photo of Great Aunt Martha to put into a family album. Right next to Great Uncle Edgar. And a copy is often are sent to Great Aunt Ethel across the country who couldn't come out to her elderly sister's funeral.

Oh, and they take photos of all the flowers too and freq the gravesite. I know creepy.

My Mom has done some of it. But for someone in a professional work relationship this should be a big NO.

[iluvivt, BSN, RN]

In this case it would be a violation pf the patient's privacy. Long ago when cameras were a luxury it was common to take a picture of a deceased family member.In fact they would prop them up in a chair and try to make them look as normal as possible.This was often the only photo ever taken of the person and the photos were treasured