Newborn pictures posted on social media?

[sandy79]

Is it a HIPAA violation if a nurse posts a picture of a newborn on social media with no other names or identifiers? The image reveals face of the newborn as the nurse holds the baby. Although some say all babies may not be easily identifiable, social media have date and time of postings displayed to determine if the nurse was working at the time. This seems so confusing!

[Jory, MSN, APRN, CNM]

Yikes, the pictures and Facebook interactions with past patients you allude to worries me.

You are opening yourself up for so much.

All it takes is one....

What if a former patient decides to sue?

One what? Sue for what? You obviously don't work in a small area where everyone knows everyone. I frequently take care of patients that I know from outside the facility...does that mean I need to terminate these friendships?

The same is in reverse. Read your Nurse Practice Act. There is a distinct start and end to a professional relationship. Anything outside of that is not a violation of ANYTHING. It's called life and human relations.

I never discuss their stay if a friendship starts and I never initiate contact...because once the professional relationship ends, it ends. There is no hospital or state policy that if a parent CHOOSES to contact me after discharge that I have to refuse it, or if they post picture and tag me on Facebook. In fact, it demonstrates the excellent care that they received.

If a former patient decides to sue one, two, three years down the line...that has no bearing. I wouldn't give any different testimony regardless of a friendship. If it ends then so be it.

You can't go through your whole life worrying about being sued. That's ridiculous.

[Wrench Party]

I never will post anything of me in, near, or by the hospital with anyone. No breakroom photos, no selfies, nothing. Especially with

my badge on. That's just asking for trouble.

Now the only time I allowed a photo was a patient took a photo of a holiday scrub top to send to her sister who was a nurse...I allowed that because I took my badge off, it was the patient initiating the photo, and my face was cropped out.

[Jory, MSN, APRN, CNM]

I would never do this. I love my patients and work in a clinic where I have a regular relationships with patients. I would never take pictures of them and I would never friend them on Facebook. It takes just one wrong post, one wrong word to get you in a lot of trouble. Just not worth it.

If you would not be the type of nurse where you cannot keep yourself from posting about work related stuff on Facebook, then I would agree...don't friend them on Facebook.

I have over 50 former patients/parents of patients on my friends list..some of these go back several years. I never discuss work on Facebook...ever. That is a matter of self control.

I have never heard of a nurse getting fired for not discussing work on Facebook. It also doesn't matter if they are on your friends list or not...the "tree" of friendships that the Facebook structure is based on...your patients may already be able to see your posts and you may not even know it.

Our facility sends out a social media policy from time to time...NEVER ONCE did they say you cannot be friends with a patient after discharge. They have made it clear you don't discuss patients nor your employer, on Facebook.

Nurses are responsible for their own self-control

[Esme12, ASN, BSN, RN]

Depends...how was the picture taken?

I have tons of pictures that I have posted with me and babies on Facebook..pictures that were taken by the parents.. but sent to me via Facebook AFTER discharge.

That isn't a HIPAA violation and it doesn't violate our facility policy, because after discharge, the professional relationship is over.

There you are not correct. You are bound by HIPAA as long as you are a nurse. Now if the patient sends it to you that is different...they have given their permission by sending it to you.

I would double check your facilities confidentiality agreement you signed when hired that is combined with the HIPPA information. You might be surprised what they can "get" you on if they wish to have you terminated.

[Jory, MSN, APRN, CNM]

I never will post anything of me in, near, or by the hospital with anyone. No breakroom photos, no selfies, nothing. Especially with

my badge on. That's just asking for trouble.

Now the only time I allowed a photo was a patient took a photo of a holiday scrub top to send to her sister who was a nurse...I allowed that because I took my badge off, it was the patient initiating the photo, and my face was cropped out.

The bar codes on the badges can be scanned in pictures..that's why it's a big deal. I never have mine on in pictures.

[Jory, MSN, APRN, CNM]

There you are not correct. You are bound by HIPAA as long as you are a nurse. Now if the patient sends it to you that is different...they have given their permission by sending it to you.

I would double check your facilities confidentiality agreement you signed when hired that is combined with the HIPPA information. You might be surprised what they can "get" you on if they wish to have you terminated.

I'm sorry, but you are incorrect. I never stated that I wasn't bound by HIPAA or that I didn't have to honor HIPAA after the patient was discharged. I never posted that.

I never, ever discuss a patient's stay on social media, what happened during their stay, or even after I am friends with them. It's called having self control.

I made a clarification on what is and is not a HIPAA violation regarding pictures. If I took a picture at work...that is a HIPAA violation. I am not allowed to do that by any stretch of the imagination nor did I post I did. If the parents took a picture at work, I still cannot engage in communication with the patient outside the facility per facility policy during their stay, because that comingles the professional/personal relationship.

What I said, is if the PARENTS took the picture and contacted me AFTER discharge, that is not a HIPAA violation, a violation of the Nurse Practice Act, or my facility policy. Especially if they post it to my Facebook wall and tag me in it.

Two of my managers that I have a great working relationship have been on my friend's list for a long time...if I was violating anything, I would know it.

I stated..and CAREFULLY stated, that if a parent chooses to CONTACT ME after discharge, that there is no policy or violation of the nurse practice act where I live. Every time that there is a violation, the social media policy is sent out to employees...NOT ONCE have they ever stated, "once a patient has been a patient at Memorial Hospital, you are forever banned from engaging in any sort of personal relationship with the patient outside the facility."

Not once. I think if it was that important, they would have clarified that by now. The problem they are having is EMPLOYEES taking pictures at work with their badges exposed (that can be scanned...that's a security violation, plus the fact that cell phones and cameras are not permitted in the unit by employees), discussing patients on social media (such as their conditions, someone dying, etc), being friends with patients DURING a hospital admission stay and bashing your employer.

[BloomNurseRN, ASN, BSN, RN]

If you would not be the type of nurse where you cannot keep yourself from posting about work related stuff on Facebook, then I would agree...don't friend them on Facebook.

I have over 50 former patients/parents of patients on my friends list..some of these go back several years. I never discuss work on Facebook...ever. That is a matter of self control.

I have never heard of a nurse getting fired for not discussing work on Facebook. It also doesn't matter if they are on your friends list or not...the "tree" of friendships that the Facebook structure is based on...your patients may already be able to see your posts and you may not even know it.

Our facility sends out a social media policy from time to time...NEVER ONCE did they say you cannot be friends with a patient after discharge. They have made it clear you don't discuss patients nor your employer, on Facebook.

Nurses are responsible for their own self-control

I have plenty of self control, I just prefer to keep my professional life and my personal life completely separate. I don't post about work and I don't tell patients about my personal life. With those things covered I never even have to wonder of something could be a HIPAA violation.

[Ruas61, BSN, RN]

At the end of the day, it's your decision.

It's your life and your license.

You seem really steamed by responses that disagree with you.

I have lived in a small town and it is not always a Norman Rockwell picture.

I don't live my life in fear of lawsuits either.

Have a good one.

[klone, MSN, RN]

So glad to have gotten rid of my Facebook account a few months ago. It certainly eliminates a lot of headache.

And I have to question the wisdom of managers who are FB friends with their staff members. I remember when I first became a manager, my employer sent me to a week-long "frontline management" class. It was invaluable. And I remember when the topic of social media came up, they specifically said "don't 'friend' people who work under you."

[Esme12, ASN, BSN, RN]

I'm sorry, but you are incorrect. I never stated that I wasn't bound by HIPAA or that I didn't have to honor HIPAA after the patient was discharged. I never posted that.

I never, ever discuss a patient's stay on social media, what happened during their stay, or even after I am friends with them. It's called having self control.

I made a clarification on what is and is not a HIPAA violation regarding pictures. If I took a picture at work...that is a HIPAA violation. I am not allowed to do that by any stretch of the imagination nor did I post I did. If the parents took a picture at work, I still cannot engage in communication with the patient outside the facility per facility policy during their stay, because that comingles the professional/personal relationship.

What I said, is if the PARENTS took the picture and contacted me AFTER discharge, that is not a HIPAA violation, a violation of the Nurse Practice Act, or my facility policy. Especially if they post it to my Facebook wall and tag me in it.

Two of my managers that I have a great working relationship have been on my friend's list for a long time...if I was violating anything, I would know it.

I stated..and CAREFULLY stated, that if a parent chooses to CONTACT ME after discharge, that there is no policy or violation of the nurse practice act where I live. Every time that there is a violation, the social media policy is sent out to employees...NOT ONCE have they ever stated, "once a patient has been a patient at Memorial Hospital, you are forever banned from engaging in any sort of personal relationship with the patient outside the facility."

Not once. I think if it was that important, they would have clarified that by now. The problem they are having is EMPLOYEES taking pictures at work with their badges exposed (that can be scanned...that's a security violation, plus the fact that cell phones and cameras are not permitted in the unit by employees), discussing patients on social media (such as their conditions, someone dying, etc), being friends with patients DURING a hospital admission stay and bashing your employer.

I think you didn't understand my post I already said if the family send you the picture it is implied consent

if the patient sends it to you that is different...they have given their permission by sending it to you. NOT HIPAA

While I am sure you are confident in your facilities policy....as a nurse for 35 years I have experienced some outlandish behavior and small print interpretation that IF they wished they could use it against you.

I never implicated that you did or are doing anything wrong however your "professional relationship" really doesn't end with discharge.

I am not an advocate of friending co-workers and I am very careful. I have seen it bite people in their behind. It has bitten my behind.

Just thought I would pass on some hard earned wisdom.

Praemonitus praemunitus or forewarned is forearmed

[Here.I.Stand, BSN, RN]

I have tons of pictures that I have posted with me and babies on Facebook..pictures that were taken by the parents.. but sent to me via Facebook AFTER discharge.

That's different if the parents post the pic. It's their baby whose image they're disseminating

[LTCNS, LPN]

I have a FB account only to keep up with my family and old friends. I never, ever friend co-workers, past or present, and I do not put where I live, work, or my occupation. Just too risky these days.