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View Full Version : Is taking a picture of an infant in a nicu a hippa violation


NICURN
May 20, 2012, 11:48 AM
A nurse that I work with took a picture of her holding an infant she was taking care of and posted it on Facebook with the comment "Sometimes I really love my job" Is this a HIPPA violation since there were no name mentioned or personal information?

ScottGem
May 20, 2012, 11:49 AM
No, No medical information or diagnosis was revealed. However, it would be a breach of ethics to do so without the parent's permission and could get her in trouble at the hospita..

J_9
May 20, 2012, 11:51 AM
Actually, yes, this IS a HIPAA violation. No pictures of patients may be taken by the medical staff without express written permission of that patient.

A nurse I work with recently lost her job for EXACTLY the same thing.

ScottGem
May 20, 2012, 11:53 AM
HIPAA or hospital policy? I can certainly see firing a nurse for doing so. But I'm surprised it comes under HIPAA.

J_9
May 20, 2012, 11:55 AM
Yes, it does come under HIPAA as we are not to disclose the names, medical treatment or images (photographs fall under the image category as well as x-rays for example).

By taking a photo of a person you are disclosing that they are a patient at that facility.

J_9
May 20, 2012, 12:08 PM
Here is an article...

May I take pictures of a patient? - Office of HIPAA Privacy & Security - Miller School of Medicine - University of Miami (http://www.med.miami.edu/hipaa/public/x420.xml)