Pt's FB pictures of me

Nurses HIPAA

Published

I am a nursing student, and my dad is an ON/GYN. I recently helped him deliver a baby, and his pt took pictures of us and posted them on Facebook. I would like to have these pictures, as I hope to become a CNM, and would love to have a picture of my dad and me at my first delivery. (There are pics of us with and without the baby.)

Is it a HIPAA violation if I click on the "..." and save these pictures to my phone since she made them public on Facebook (we are not FB friends. I searched for her.) I really want these pictures, but want to have them legitimately. Thanks!

Specializes in Critical Care.
I never said it was moral turpitude. That was the stripper thread.

I can't...unless they want me to...they are members here. If they want to add to the conversation they can.

I got the moral turpitude part from this thread

I personally know of 4 over the last 7-8 years. They can't be proved as they were not in the papers and I can't share their stories. If they wish to share their stories that is another matter altogether. Their dismissal...violation of hospital policy and procedure, conduct unbecoming a professional, breech of privacy/confidentiality, and moral turpitude. 2 went to the BON. Both received probation....one was employed at a union facility.
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I would just send the pt a private message asking if it is okay for you to use the picture....

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

then I stand corrected.... I misspoke. That is what I get for multitasking and having multiple windows open. You are right I am wrong. These were HIPAA issues although I know of a stripper who did get kicked out of nursing school.

Take pictures, download them, deal with the consequences for in the end it is about personal responsibility...if one gets fired or tossed out of school, for conduct unbecoming...no skin off my teeth. It is wrong and I am not one to test the system to that extreme.

You can advise whatever you wish I will continue to advise the opposite. we need to agree to disagree. I believe the NCSBN has addressed this issue and you feel they haven't . I respect your opinion.

I bow out gracefully

National Council of State Boards of Nursing NCSBN

Thanks everyone for participating in our social media conversation yesterday! Here’s the scenario in its entirety. This is a great example of privacy on social media and is an excellent educational tool for nurses and nursing students. Feel free to pass on or use it in your next orientation/classroom.

A clinical group of eight students set up a private Facebook page in order to have private conversations regarding their clinical day. The students made their settings private, so no one else could see their comments. Facebook occasionally updates its site and during this time, each individual must reset their privacy settings. One of the students forgot to reset their privacy settings and all entries posted on the private page were then shared on that student’s Facebook page. Since this student was friends with many other students in the program, the postings regarding patients, faculty and other students spread like wildfire. So what happened? All of the students were suspended for HIPAA violation. They were in their last semester and just weeks from graduation.

https://www.ncsbn.org/2930.htm

[h=3]Good Professional Character - : Texas Administrative Code[/h]

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I think just seeing the debate that happened over this topic should provide you with the answer. Better to be safe than sorry, don't take the photo.

Maybe you could write about the experience (without using names etc.), decorate it and frame that? Just an idea. :)

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What happened to the stripper thread?

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Specializes in Quality, Cardiac Stepdown, MICU.
So that would include reading and/or looking for an obituary?

Obituaries are paid announcements. They are placed in the paper because the pt's family WANTS the general public (including former caregivers) to know the person is deceased. The same with wedding announcements, basically anything someone PAYS to put in a PUBLIC forum, the newspaper, for the express purpose of spreading the word to as many people as possible.

Facebook is a little different. Even if your profile is "public," it's not always with the expectation that it's totally open to the world, as no one can search for you unless they either have a mutual friend, or they know your full name (info a nurse wouldn't have unless they cared for that person). Whereas you just buy a newspaper, without the expectation of finding anyone specific in the obits.

Though usually, if a person is dead, you're pretty much covered in all respects. I know you cannot libel or slander a dead person, so as a related point I would assume you cannot invade their privacy either.

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Specializes in Critical Care.
Obituaries are paid announcements. They are placed in the paper because the pt's family WANTS the general public (including former caregivers) to know the person is deceased. The same with wedding announcements, basically anything someone PAYS to put in a PUBLIC forum, the newspaper, for the express purpose of spreading the word to as many people as possible.

Facebook is a little different. Even if your profile is "public," it's not always with the expectation that it's totally open to the world, as no one can search for you unless they either have a mutual friend, or they know your full name (info a nurse wouldn't have unless they cared for that person). Whereas you just buy a newspaper, without the expectation of finding anyone specific in the obits.

Though usually, if a person is dead, you're pretty much covered in all respects. I know you cannot libel or slander a dead person, so as a related point I would assume you cannot invade their privacy either.

At least in my local paper they aren't paid, you can "upgrade" for a fee. Death notices however are actually public information, regardless of whether or not the family want's that information released.

As for the expectation of privacy, posting to facebook with public settings actually does carry the expectation it's being made available to anyone who can find it, and at least in the case of facebook it's being shared by the person themselves, in an obituary the information is being shared by others often without the direct knowledge of the person who's information is being shared.

In this particular situation however the expectation was clearer since the person taking and posting the photos told the OP that they posting them to facebook, which sort of rules out the idea that they wanted them to be secret.

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