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    NICURN's Avatar
    NICURN Posts: 1, Reputation: 1
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    #1

    May 20, 2012, 11:48 AM
    Is taking a picture of an infant in a nicu a hippa violation
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    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's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    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.
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    J_9 Posts: 40,298, Reputation: 5646
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    #6

    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
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