Surveillance cameras in pedi patient's home?

Specialties Private Duty

Published

I have been working this case for my 8 year-old private care patient for a few years. Her other two nurses have been there longer than me. We are considered family by her parents and they are very demanding about her care for understandable reasons. Today we were informed that they were getting a new security system installed and they decided to put video cameras in her bedroom and living/nurses area. They can watch us at any time they choose remotely. I have nothing to hide but the idea is bothering me quite a bit and I'm not real sure why. The other nurse is bothered as well. Any opinions?

Lawsuits provide perspective.

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Specializes in Hospice / Ambulatory Clinic.

Well when you consider that the purpose of the video cameras are so the parents can see their child and nurse at ALL TIMES. To me this is already presuming the worst. There aren't cameras in the average patient room in the hospital yet the nurses are trusted. Why is there a lower level of trust when the nurse is in your own home vs the unknown environment of the hospital.

We aren't guests. Guests would be allowed to leave at any time for any reason. Guest don't have a professional obligation to their client. Guests wouldn't be videotaped unless err your into THAT kind of thing.

We are professionals with licenses. Nanny cams make me nervous though I haven't come across them I'm sure you wouldn't have access to the tapes to defend yourself.

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This topic is certainly debatable. Parents should have the right to protect their children, but let's be honest, there is potential for this to be abused also. In addition, what if the government passed a law stating that all parents had to have a camera placed in their home for CPS to review? You have a right to refuse a nurse, and if you are uncomfortable, exercise this right.

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Specializes in Hospice / Ambulatory Clinic.

I don't like when there is an automatic assumption that the nurse is going to be neglectful or abusive. Whats next nanny cams at school? No one likes Big Brother breathing down their neck esp the contestants on Big Brother but this is a workplace not a gameshow.

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I can't think of any job that I've held previously where I would feel comfortable with my boss taping my every move, and then watching me later.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
This topic is certainly debatable. Parents should have the right to protect their children, but let's be honest, there is potential for this to be abused also. In addition, what if the government passed a law stating that all parents had to have a camera placed in their home for CPS to review? You have a right to refuse a nurse, and if you are uncomfortable, exercise this right.

You are in their home...with their child. There is not expectation of privacy for you are on duty. I do not believe you have the right, as a nurse in someone elses home, to refuse. Could you please your references for this?

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Specializes in Complex pedi to LTC/SA & now a manager.

You are in their home...with their child. There is not expectation of privacy for you aw you are on duty. I do not believe yoo have the right, as a nurse in someone elses home, to refuse. Could you please your references for this?

I think what she means is the nurse has the right to refuse a case. This is true, once you orient or start a case you have every right to tell your agency that you don't wish to be assigned that case and the fence finds another nurse (you don't walk out on the case as that would be abandonment). Just like a family cn call the agency to refuse a nurse (request a change in provider). My classmate oriented to my primary case. Parents weren't comfortable and they requested the agency never send her back, and she hasn't been back since.

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

Right you can refuse the case, I agree...but if the parents want to tape and you need the work.....They have the right to tape.

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Specializes in Hospice / Ambulatory Clinic.

I am curious what is the law that allows families to videotape nurses in their home? Are they required to disclose?

Sorry all these newstories that pop up about families abusing nanny cams makes me uneasy and I wouldn't work in a house that had one no matter how good of a nurse I think am.

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

It is both ethical and legal to videotape a nanny, babysitter, healthcare provider, assuming she is working IN YOUR HOME, in rooms where she/he would have no expectation of privacy. It is unethical and illegal to videotape her/him in rooms where there ARE expectations of privacy. These are bathroom, her/his bedroom (live in) and any areas where she/he would be dressing or undressing.

As long as she/he is working in the home, the "homeowner is not required to tell them that they are being recorded and assuming there is nothing to hide, there would be no issue with the recording".

These recordings may not be published on the internet or used for purposes other than maintaining the safety of the child or children. These are to be viewed by the homeowner and the homeowner only, and subsequently destroyed, assuming there is no witnessed misconduct.

Most states and the federal government restrict "voice recordings". "You" are free to videotape anywhere the human eye can see, with the exception of areas that are deemed to have an "expectation of privacy" such as the bathroom and the nanny's/nurses priavte bedroom(live in). Many camera come without sound to prevent you from accidentaly recording conversation.

The general rule is "you must have permission to record conversation, some states require consent of both parties (Calif) while other states require only the permission of one of the parties to the conversation.....in taping voices/conversations.

It is however, legal in all 50 states to use a hidden camera. However, it is ,illegal to record speech without a person's consent in the following 16 states: Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, New Jersey Pennyslvania,California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, and Washington

Some General Guidelines on video surveillance

In general, most video recordings are legal in the U.S. with or without consent. Laws do exist regarding "Invasion of Privacy" which deals with the area of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, bedrooms and other areas where a person should expect a high level of personal privacy.

While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, it is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to comply with all local and regulations prior to utilization of video surveillance and monitoring.

Hidden Camera Laws

The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. A private place is one where a person may reasonably expect to be safe from unauthorized surveillance, locker rooms, restrooms etc. Several states have laws prohibiting the use of hidden cameras in only certain circumstances, such as in locker rooms or restrooms, or for the purpose of viewing a person in a state of partial or full nudity.

Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michagin, Minnesota, South Dakota, and Utah also prohibit trespassing on private property to conduct surveillance of people there.

In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.

Covert video surveillance is illegal when:

The subject has a reasonable expectation of privacy (4th Amendment rights) i.e. in a bathroom; motel room; changing room

If audio eavesdropping is also taking place, covert surveillance may be illegal when:

The person with authority over the premises has not consented

The reason for the video surveillance fosters an illegal purpose

http://www.wecusurveillance.com/cctvlaws

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Specializes in Hospice / Ambulatory Clinic.

As long as she is working in your home, you are not required to tell her she is being recorded and assuming she has nothing to hide, there would be no issue with the recording.

I'm not so sure this is true in all states. I'm pretty sure in my state you have to disclose that someone is being recorded in some for or another. I'm off to work right now so I don't have time to look up the specific statute but I will when I get home.

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Specializes in Complex pedi to LTC/SA & now a manager.

In several states there are two party consent laws, like NJ which means you cannot record audio or video without notifying the other person(s) unless you have a court order. Right to privacy is one issue (in areas where you have an expectation of privacy such as dressing rooms, bathrooms, your own bedroom). That's why businesses and other organizations have signs at the entrance notifying you that you re being video/audio taped. Even in areas with street cams or red light cameras in my are there are notification signs.

If I want to tape an IEP meting I need to give notification and the school system/team needs to consent and vice versa. However the employee can consent on behalf of the employee in certain cases but the employee must still be notified.

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