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?

Specializes in Hospice / Ambulatory Clinic.

ok so this was the bit i was talking about.

"us code title 18, chapter 119, section 2512 prohibits the interception of oral communication by "surreptitious manner," such as a hidden camera, and so most nanny cams are not available with audio recording. though some on the market may be available with the ability to record audio, these cameras should not be used due to the illegality of the recordings they produce. nanny cams are legal in all 50 states, but it is illegal in 13 states to record audio without express or written consent of the nanny being recorded. this falls under the federal government's ‘wire tapping’ laws."

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Specializes in Complex pedi to LTC/SA & now a manager.
Ok so this was the bit I was talking about.

"US Code Title 18, Chapter 119, Section 2512 prohibits the interception of oral communication by "surreptitious manner," such as a hidden camera, and so most nanny cams are not available with audio recording. Though some on the market may be available with the ability to record audio, these cameras should not be used due to the illegality of the recordings they produce. Nanny Cams are legal in all 50 states, but it is illegal in 13 states to record audio without express or written consent of the nanny being recorded. This falls under the federal government's ‘wire tapping’ laws."

Exactly, but they can be used with notification and subsequent consent. I think the biggest problem certain posters in this thread had were that parents admitted they were recording the visits to look for errors, mistakes, improprieties. Of course if you are looking for something to be wrong you are likely to find it. In that case I'd request a new assignment ASAP

I'd have no issue with my current primary family if she wanted to record video & audio (with consent of course). As both parents work full time and this way she can check in on her kids and perhaps catch a moment or milestone that she might otherwise miss (the main reason she stated when mom mentioned she wished she had Internet accessible cameras in the playroom & kids bedrooms. Also to check on my patient overnight when he stirs to see if there is an issue or just stirring rather than chance waking him up)

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

Wire tapping laws do not cover video taping if there is no sound. Ifthere is no sound they can tape you without consent.

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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?

Now, I stated my personal opinion, which, no matter what my profession I'm entitled to do that, and I assumed I was among my peers. As a private duty nurse, I do have the RIGHT in whoever's home to NOT be recorded.

This right is exercised by NOT taking the case, however, this has never been a problem for me. There is nothing sinister about me preferring NOT to be recorded, and FYI, I have been in multiple homes where I have been recorded.

And guess what, I still have a license. I do not go into a home and make demands or tell a parent what to do. I'm very respectful. I have kids also.

Again, I do not LIKE the idea of being recorded. Is that a problem? I did not say I refuse cases because of this, even though I have a RIGHT to.

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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.

Thank you! Valid and reasonable point.

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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

Are you a medical lawyer, nurse, parent, or is this just your personal opinion? Assuming there is nothing to hide? Really? You can be sued for just about anything, is has little to do with what you have to hide.

I would argue that most nurses, and Doctors are pretty ethical and are not doing anything they need to hide.

You might want to read up in private duty and find out some of the loop holes that are used to sue. Litigation is big business.

And regardless of all of that. It's not a crime to prefer not to be taped.

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Specializes in Hospice / Ambulatory Clinic.

The moms of these private duty kids are quite often but not always a little wackado and control freaky. Post it notes everywhere anyone? Maybe the nurses need to videotape them.Though I am not one to be overly fearful but my gut instinct is if I was recorded and the patient had a bad outcome because of something mom did that they would find something on tape to cover their own booty.Urban legend has it at my old work that a patient died 1hour after the last nurse left but the mom wouldn't accept responsibility. Rumor has it.

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Quite a few of the parents are still cycling through Kubler Ross stages, and I'm sorry this is a factor.

No employee, wants every second of their work dissected, no matter how good they are.

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Specializes in Psych ICU, addictions.
Now, I stated my personal opinion, which, no matter what my profession I'm entitled to do that, and I assumed I was among my peers. As a private duty nurse, I do have the RIGHT in whoever's home to NOT be recorded.

This right is exercised by NOT taking the case, however, this has never been a problem for me. There is nothing sinister about me preferring NOT to be recorded, and FYI, I have been in multiple homes where I have been recorded.

And guess what, I still have a license. I do not go into a home and make demands or tell a parent what to do. I'm very respectful. I have kids also.

Again, I do not LIKE the idea of being recorded. Is that a problem? I did not say I refuse cases because of this, even though I have a RIGHT to.

I agree. Parents have the legal right to videotape the care in their home. You (generic) have the legal right to refuse to take the assignment. And neither party is the bad guy in this instance.

Yes, there are some parents who, as others have alluded to, are jonesing for a lawsuit with their videotaping. And there are some nurses who are doing things, whether involving the patient or otherwise, that they shouldn't be doing. I would hope that both categories are the minority.

But there's nothing wrong with parents wanting to videotape in their home, and nothing wrong with even the most ethical nurse refusing to being videotaped.

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Well said. I'm a parent, and I have heard some horror stories about Nurses, as well as parents.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Now, I stated my personal opinion, which, no matter what my profession I'm entitled to do that, and I assumed I was among my peers. As a private duty nurse, I do have the RIGHT in whoever's home to NOT be recorded.

This right is exercised by NOT taking the case, however, this has never been a problem for me. There is nothing sinister about me preferring NOT to be recorded, and FYI, I have been in multiple homes where I have been recorded.

And guess what, I still have a license. I do not go into a home and make demands or tell a parent what to do. I'm very respectful. I have kids also.

Again, I do not LIKE the idea of being recorded. Is that a problem? I did not say I refuse cases because of this, even though I have a RIGHT to.

I am not clear about why you are upset. I was just asking for a reference that you had the right to refuse to be taped and stay in the home. Of course you have the right to refuse any case if you aren't comfortable. I didn't say it was a problem that you don't like to be taped, I didn't question your license and I don't think you are sinister.

Of course you are entitled to your opinion, any indication from me that you don't is a complete misunderstanding. I'm the first one to protect every-one's opinions.

If you look at my profile....I am a nurse for 34 years. I am not a lawyer. I am a parent and I have worked pedi home health for vented complex children (well a vented child for about 12 years) I don't mind being taped as long as it doesn't end up on YouTube. I have worked around surveillance cameras for a long time being an ED nurse. But that is just me.

I referenced and quoted the law in my response about what parents are legally allowed to do in their home. I never once said you HAD to go in that home and I never said you could not refuse. I have always felt that, for me, knowing the law would keep me on the right side of it and protect me from lawsuits.

I am truly sorry that you got upset for that was never my intent....... "assuming there is nothing to hide" was a quote from a legal site. Peace :D

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Specializes in Hospice / Ambulatory Clinic.

I think the thought of being videotaped covertly just instinctively feels wrong. My husbands boss spends his lunch zooming in on people on the surveillance watching people as the chew.

Looking over the statues and such like they only one I could find was the one covering the audio which was not originally conceived to allow nanny cams. What I couldn't find was anything that says you can videotape only the minueta of it. Well probably start to see legal cases surrounding this start to trickle through and start providing some prescendence.

If I was working directly for the family and being paid by the family I might understand but if anyone if going to record me at work it should be my employer and have them be in control of the tapes. This is a stretch comparison but its like the customer having control of the store security camera's while shopping.

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