Nurse Posts About a Patient on Facebook ... Duty to Report?

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Question for you all:

If a nurse posts a Facebook status about their patient, blatantly mocking the reason for their admission (i.e., an embarrassing reason), most people would agree this is a HIPAA violation even if the patient was not ID'ed by name.

But do fellow nurses have a duty to report this nurse in any way to management or to the state BON?

Someone anonymously posted a pic of a 110 year old lady in a bed at a nursing home, stating her last name and that no one has come to see her in over 2 years. Just was wondering about it-that is all

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Can someone clarify what a mandated hippaa reporter is? Are cna's mandated reporters? If so why cnas and not nurses?

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I think if it is happening consistently then maybe you should print out the comments made and slip them to your NM. With that being said, almost all of us have made a comment on AN about "What's the most disgusting/stupid/whatever reason you have treated a patient for?" Even though this is a board for healthcare workers, I'm sure some people could stumble across it accidentally. Also, if she uses her "real" name on face book like most people do, then I would imagine ONE of these days one of her patients will casually look her up and see that crap and BAM! HIPAA violation for your coworker. Legally though, I don't think it's an obligation. If this person is stupid enough to post that stuff on a public social networking site then sooner or later they are going to get caught and then they can kiss their license goodbye! Do what YOU think is right. Advocate for those patients!! :nurse:[/quote']

Why go straight to the NM? Can't we all be adults here? Talk to this person FIRST. Tell them your concerns and why. Maybe they don't realize what they are doing is such a big deal if they aren't using names.

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Only if you like to stir up trouble.

You are not a mandated HIPAA reporter. If you saw it, someone else will. Let them have the reputation of being the tattletale with management.

I also question why you think that you have a duty to report this to the BON, because nursing schools go over HIPAA and other potential violations in nursing school fairly well, so I don't understand why you think that this is reportable.

I also question why you seem almost dying to report it.

That's all fine well and good. Until it affects you personally. Or someone you know outside of work. Or a family member. The Op was talking about someone posting about a patient with an embarrassing medical condition. This is never OK. Not sure it is HIPAA in nature, however, most people do not find these kinds of social media posts amusing, and it does reflect poorly on the professionalism of the nurse. It also perpetuates the myth that nurse's gossip about patients who come in seeking help and treatment for highly personal needs. Social media is talked about all the time. The last thing I would want to hear is "ya, that chick with herpes, what was up with her, she and I dated the same guy"....AND they read it because one of my social media friends posted it.

It would be up to risk management to decide if it is a violation, but it is a huge ethical error on the part of the nurse.

We, as nurses, should never get into the mindset that something so offensive and embarrassing is somehow morphs one into a "tattle-tale". Nurses are bound by ethical conduct. Nursing licenses are bound by lots and lots of things that could get us in as much trouble as the person participating in the behavior. And it is all due to knowledge and duty to act. Does this fall under that? I don't know that for sure, however, I wouldn't for an instant share a social media friendship with someone who has that little of a filter.

Posting such nonesense on social media continues to perpetuate myths. As is that someone who reports it is a "tattle-tale".

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Specializes in Psychiatry.
It's very, very simple. If it's work related, keep it off the internet.

THIS!!

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Specializes in Medical Surgical.

I would be very upset if this was my family member. Many times I have seen CNAs lose their jobs for this kind of behavior. This is clearly wrong on so many levels.

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Specializes in Medical Surgical.

I believe that if we have knowledge about something like this we have a professional obligation to address it head on. It is a violation of pt rights and if we cannot stand up for our pt rights then who will? It is also indicative of a type of behavior that is not conducive to good pt care. My response would be to go the person and tell them that they have to remove the material because its a violation of HIPPA and if it was not removed then I would have to report it to someone higher up in my facility, and so on and so forth until the material was removed from the public forum.

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Is a picture, age, and statement saying no family has been to see pt in x amt of years a violation?

Yes, yes, and yes. And did I say YES? The picture is enough, because the patient owns his/her own image and you cannot, from a position of power and responsibility as a nurse, spread it around. This is shocking.

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Is a picture, age, and statement saying no family has been to see pt in x amt of years a violation?

That must have been one long ER stay. ;)

At the end of the day, it is what it is... not only wrong, but just wrong, and on so many levels.

Seriously (overused cliches aside), what is up with all this posting on Fecesbook and other "social media" web sites about stuff from work in health care? I know of a case in which a nurse posted there about some of the others with whom she worked, and it was less than flattering. Anybody who does that needs to be on the outside looking in (with apologies to Little Anthony).

Geez, you people... we are (mostly) nurses; we have the ability and the means to make or break a patient's life in one swell foop, and some among us are posting what should be kept private out there in front of God and everybody?

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Specializes in Critical Care, Float Pool Nursing.

No. Those nurses who believe you have a duty to report need to get a life and worry about themselves.

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What about when the patient complains about his care on Facebook? Are there any rules about this or can they post whatever they want?

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What about when the patient complains about his care on Facebook? Are there any rules about this or can they post whatever they want?

If a patient wants to disclose details about his/her own care to the world at large, that's a personal decision.

If s/he slanders someone (in this or any other context), I have no idea what FB would do about that.

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