Published Jan 9, 2004
by patients families.. I have been approached by a family member, with a loved one in a LTC facility, wanting to know if they can place a video tape in her room.. Little info... money has been missing along with other items (a watch, lotions..) and they wanted to place a camera on the dresser. She has a private room, and is only out of her room for activities, meals or doc appts. Not sure on the legality behind this... any info.
They have filed a complaint with the administrator and I told them that they can get a locked box or shouldn't keep valuables in her room..
I am not sure on the legality of it either...however, I have seen on the news several times families who have placed a hidden video cam in their loved one's room catch people doing unl(awful)
things. If it were my loved one I would do it.
Legally it varies state by state. What you have to check into is what is called two-party consent laws.
Basically it requires that both parties consent during audio taping, and in some cases, even video taping. Even if audio taping is not allowed, video might be, but you also have to make sure that the camera is also not recording audio when it is on.
This site might help, although I don't think it addresses video:
Since it looks like you're in Pennsylvania, you're in a two party consent state, so it could be tricky. I would definitely check the Attorney General's office or some other legal authority.
If someone was caught on tape, and the tape is made illegally, it's not going to help their case anyway.
barefootlady, ADN, RN
I don't begin to know about consent laws and taping of staff but I think it is a shame that the patient, the family and honest, hardworking staff members are being placed in this situation.
I can only imagine the nightmare for all involved this could lead to.
caroladybelle, BSN, RN
Can we get a bit more "Big Brother"?
They need to lock her things up, if they are valuable.
And I don't permit my family/friends to videotape me - I sure wouldn't permit visitors/employers to do so.
I do not steal, my state has my fingerprints, my employers have done background checks, and I get drug/health tested - when that is no longer adequate, I get out of this business.
But when the state requires the same clearance tests for the MDs, the patients and all of their visitors, I will reconsider..
This was in today's Los Angeles Times:
12 Nursing Home Workers Charged With Elder Abuse
From a Times Staff Writer
SAN DIEGO-A dozen employees of an Escondido nursing home have been charged with felony elder abuse for allegedly neglecting a woman and falsifying her medical records.
The employees at the 70-bed SunBridge Care and Rehabilitation for Escondido-East are scheduled to be arraigned in San Diego Superior Court next week. Evidence against the 12 was gathered through a video camera hidden in the woman's room after her family complained that she was receiving poor care, authorities said.
"These are our most vulnerable citizens," said Hallye Jordan, spokeswoman for state Atty. Gen. Bill Lockyer, whose office brought the charges. "We must ensure that their health and medical needs are being met."
The employees are nursing assistants and licensed vocational nurses. All have been put on paid leave, according to a spokeswoman for the SunBridge Corp.
The allegations include assertions that the employees skipped routine care for the woman and did not take proper precautions to protect her from bedsores.
although i'm not sure i agree with the videotaping, that poor lady shouldn't have to lock her stuff up to keep it safe! lotions in a lock box?this is her home, and to have someone swipe her personal belongings is awful. sad, very sad.
Video taping employees is legal, as long as you are not video taping in areas where employees have a "reasonable expectation of privacy." (ie: restrooms, locker rooms)
This family has a legally protected "compelling interest" to conduct secret surveillance if they believe individuals are stealing from or mistreating their loved one. I say go for it!!
Audio taping is not legal without two-party consent. (Federal Wiretapping Act)
I wished I had video taped my last year at work as proof that I was NOT at fault for the things my NM badgered me about all the time. If she only knew the realllllllllll truth she just might BEG for forgiveness. :stone
Nurses NEED proof these days of their innocence, and I resented having my character defamed by a NM I wished I'd never met.
As soon as they allow nurses to video tape their shifts, I'll be the first one in line buying the equipment to do so.
caroladybelle took the words right out of my mouth.
Worked at a well respectable hospital, where a Registered Nurse was stealing money out of patient's purses when they left the room for tests or surgeries. She needed the money to feed her drug habit. The hospital conducted a sting operation in order to literally catch her "red handed" They planted money in a purse covered with infa red dye.
She was fired.
"Frodo Failed!!!! Bush has the Ring!!!!"
So sorry, this just caught me completely off guard and I think it is hilarious! Sorry for interupting the post.
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