Staff taking pictures...weird question

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Specializes in Telemetry, Nursery, Post-Partum.

This came up at work the other night, and I didn't have time to look to see if we have any policies that address it. I work in the nursery (well baby), and we had a number of very cute babies wearing very cute 4th of July outfits...truly adorable ones, that their parents had brought in from home. One of my coworkers wanted to take pictures of the babies (one in particular), and I said she shouldn't, that the would be a HIPPA issue, or a violation of something. She argued with me a little bit, saying they've done it in the past, around Halloween and Thanksgiving with the babies wearing their pumpkin hats (we get hats knitted by staff and local groups taht are given to us for the babies for most of the holidays) and these pictures are in the charge nurse office. I finally just dropped it and told her "do what you want, I think its a privacy violation"...but I'm curious, what do you guys think? I guess if we had permission from the parents it would be fine, but without permission (which my coworker was not planning to get) it doesn't seem okay to me. So, please give me your opinions, thanks!

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Hmmm.... as a parent, I wouldn't want someone taking my child's picture without my knowledge. I know that when I took my child to a teaching hospital, I had to give my signed consent that it was OK for them to take pictures of my child.

I'd say "thumbs down" on this one.

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Specializes in ER,L&D,Med/Surg,OR-Just about everything.

You are correct in that it is a HIPPA violation and could be punished by a fine for the nurse and the hospital. You must have the patient's or in this case the parents written consent to photograph. Just because it was done in the past is no excuse. I would speak to your charge nurse and maybe even risk management.:uhoh3:

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Specializes in Nurse Manager, Labor and Delivery.

Yeah...you have to get permission for those pictures. It would've only taken seconds to ask and get that ok. Just because something has "always been done" doesn't necessarily mean it is ok. We have forms just for that specific thing on hand...most parents are glad to sign.

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Specializes in ER.

I have taken pictures when the baby is having an especially cute moment that I didn't want the parents to miss, and then place it in the bassinet for them. Otherwise, if I wanted a picture to keep for whatever reason, I got their permission.

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When our agency took photos of our clients for id purposes (NPSG) they obtained separate signed releases and displayed a copy of the release in the chart along with the photo. Those who refused to sign the release did not have their photo taken.

I was hospitalized several times recently and I believe I remember a paragraph in the admissions paperwork that I signed, where I was giving permission for photos.

I don't believe that the purpose of these cute baby photos would be covered by any hospital release. If your unit wants to do this they should run it by the hosp admin and get a separate release from the parents. That way, the staff are covered for this activity and parents who want to opt out can do so officially.

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The NICU I am in, the parents can leave a disposable camera for the staff to take pics. But I don't think that we can take them for another personal reason, That to me would be a HIPPA violation. If the parents want to give the unit a pic to put on the wall, that would be ok.

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Specializes in Med Surg, Peds, OB, L/D, Ortho.

I take pics of my pts. in "Joint Camp" but........the consent to photograph is signed first! It is a HIPPA violation................

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Specializes in Telemetry, Nursery, Post-Partum.

Thanks everyone! Glad to hear I wasn't out of line to stop her from taking pictures.

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Invasion of privacy is an intentional tort

(Intentional torts are: assault/battery, false imprisonment, invasion of privacy, and libel/slander)

Types of invasion of privacy include:

1) Unreasonable intrusion: observation of client care (such as by nursing students) or taking of photographs for any purpose without the client's consent

2)Use of the client's name or likeness for profit, without consent: This refers to use of identifiable photographs or names as advertising for the health-care agency or provider without the client's consent.

There are others.

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I agree, a signed consent is required for any photo purposes, anywhere I have ever worked.

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