A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. What I do know is that she made a choice and has experienced the consequences of that choice. Whether or not a nurse can be fired for a HIPAA violation under any other circumstances will depend on the content of the nurses employment contract and their employers sanctions policy. Brittney Wilson, BSN, RN, a bachelors-prepared registered nurse, is the founder and owner of The Nerdy Nurse and TheNerdyNurse.com. The National Council of State Boards of Nursing (NCSBN) has released a useful guide for nurses on the use of social media (on this link). What Does VEAL CHOP Stand For in Nursing? Courtesy Marian Weber. Cancel Any Time. Thank you for a more balanced discussion of the situation. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. That is how it is said. If theyre saying those things on camera who knows what they said amongst themselves or how they treated their patients. Participating in the TikTok #IckChallenge, four Emory University Hospital Midtown employees recorded a one-minute TikTok video discussing their icks about being nurses who deal primarily with labor and delivery. All rights reserved. When you couldnt visit your sick loved one in the hospital, they were practicing their dance moves because an endorphin hit matters more to a narcissistic monster than showing empathy for your personal sorrows. Not all of these events qualify as HIPAA violations by nurses (in some cases because the nursing home was not a HIPAA Covered Entity), but they demonstrate the scale of violations that are not often brought to public attention. I can think of at least two potential HIPAA violations: The fact that this drama all plays out on a reality show where patients and healthcare professionals are filmed does muddy the waters a bit. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. I could never imagine my mother using a hospital floor as her dance floor to garner attention from random people on the Internet. It can be used to hold people to account for discriminatory views, comments or actions. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. (The Canadian Press/CBC) A Saskatchewan nurse who used Twitter and Facebook to express concern about the quality of care given to a family member in a nursing home has been found guilty of. Even Katie has used social media to catapult herself as a personal brand and grow a huge following online. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! The failure to report a minor violation could have major consequences. 'TikTok got me fired': Why was a nurse suspended over her TikToks? The pediatric ICU/ER nurse worked at Texas Childrens Hospital and posted a series of comments on Facebook about a rare case of measles at the hospital. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); As a nurse, it's important to know what you can and cannot post on social media. Get a . The HIPAA violation penalties for nurses range from a verbal warning and/or refresher HIPAA training to termination of contract depending on the nature of the violation, the nurses previous history of compliance, the consequences of the violation, and their employers sanctions policy. This story has been shared 679,840 times. If a nurse breaches confidentiality for a purpose not permitted by HIPAA, the consequences can depend on whether the breach was well-meaning (i.e., in celebration of a patients recovery) or malicious (i.e., to demean a patient). "My ick is. Nurse fired for posting photos of newborn with birth defect This really makes me think it was a complete set up. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. Employers may decide to provide additional training in some cases to ensure the requirements of HIPAA are fully understood. Looking for a change beyond the bedside? It seems so many people want to denigrate Katie Duke, from her choice to post the photo being discussed to the measurement of her waistline. This is not an opinion all nurses share, but clearly Katie being fired for it shows that hospital administrators largely share my professional opinion. HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. I dont like to focus on the negative aspects of social media for nurses, but this Katie Duke is one example is being highly publicized and merits a response. There may be a viable claim, in some cases, under state laws. 0:34. I speak professionally on the topic of social media for nurses and often get asked about specific examples of nurses making mistakes on social media. A large part of me thinks this was all for the show. Im not saying that nurses should be monitored any more closely that anyone else, but unfortunately its an option for any employer these days so everyone should be on their toes about it. For example: Had the nursing student received adequate training before being exposed to PHI/ePHI? "In that video, it . Nurse Katie Duke was fired from a New York City hospital for sending this photo out on Instagram. Our culture of narcissism has no occupational boundaries, and the honorable position of being a nurse has been tainted over the past couple of years by the public indecency of the narcissistic monsters within the profession. Not even nurses who are constantly held on a higher pedestal than others. My response to that is that last time I looked, the media was in a different business. Ms N could not get the toddler off her mind after she arrived home from. Abuse of Prescription or Non-Prescription Drugs 6. "If you want to play, thats not the profession or the field you need to play in. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. They say that nursing is a calling, and my mother was called to the field. It is near impossible to fire a nurse from a unionized hospital in New York. For example, some perceived breaches in client confidentiality are permitted by the HIPAA Privacy Rule and by state privacy laws. I do not know. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Can You Get an Associate Degree in Nursing Online? Shake [it] off, you have 5 more hours.. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. It wasnt even her image. HIPAA-covered entities are likely to report such incidents to law enforcement and investigations will be launched. Copyright 2014-2023 HIPAA Journal. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); According to the Sacramento Bee, a nurse working in the labor and delivery unit at Kaiser Permanente was fired after posting a comment on Facebook. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. There are many examples of HIPAA violations in nursing homes thanks to areportproduced by ProPublica in 2017. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. learn from my mistake.. 35 separate cases were uncovered. Even famous nurses make mistakes on social media. In many instances, nurses make HIPAA violations or even post insensitive comments about a patient, hospital, or situation innocently. By Portia Wofford. The HIPAA Privacy Rule places restrictions on the allowable uses and disclosures of protected health information. When Emory found out about the viral videos mocking patients, they quickly fired the nurses who were involved. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. She explained that it was a rough experience seeing the boy suffering from the disease. Business associates of covered entities can also be fined directly for HIPAA violations, but what about individual healthcare workers such as nurses? A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. Florida nurse fired after posting social media photos of newborn baby We have nurses like the ones from Emory University Hospital Midtown who believe your tribulations are trivial and act as if your presence as a patient is an annoyance. However, as this incident shows, the patient does not need to be mentioned by name in order for them to potentially be identified. In addition to civil fines, nurses can also find themselves in trouble in relation to licensure problems. Cancel Any Time. Over the last several years, the world has witnessed the explosion of social media and other electronic communication like Facebook, Twitter, Pinterest, and Instagram. Had the nursing student been given a copy of the Covered Entitys sanctions policy? It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. Your first year as a nurse is daunting. It's especially true for nursing students who use social media who may not know HIPAA regulations as well as seasoned nurses. HIPAA Advice, Email Never Shared 6 Reasons Nurses Get Fired: Social Media Mistakes, and More Katie Duke is a no-nonsense kind of nurse who has a personal motto of deal with it. It may even be her nursing motto. Your Privacy Respected Please see HIPAA Journal privacy policy. I am not sure what hospital administrator would say this wasnt a HIPAA violation. We worked with CreditCards.com to help nurses find the right card to fit their lifestyle. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. With over 128,000 followers as of the writing of this update, she is one of the most popular nurses on Instagram. However, if the nurse has a long history of accidental HIPAA violations and has been warned previously about their future conduct, the sanction could be a written warning or termination of contract. HITECH News The egotistical monsters we complain about exist because weve encouraged these people to incubate in an algorithmically curated narcissism ecosystem. Its the unlimited trips to the nursing station for me, said another bemoaning nurse. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. "To be belittled and mocked during that experience is outright unacceptable. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. It is illegal and fineable for nurses and other healthcare professionals to purposely or accidentally release information about patients. Subscribe for the latest nursing news, offers, education resources and so much more! There have been several recent cases of nurses taking photographs and videos of patients in compromising positions, recording abuse of patients in nursing homes, and taking embarrassing or degrading photographs and sharing them with friends via social media networks. You can read more about accidental HIPAA violations here. Download PDF. The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. Breach News The photo captured a messy but empty trauma room that had been used to treat a man hit by a New York City subway train. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. One Instagram user said the video just showed everyone where NOT to go," while another person said that childbirth is one of the most vulnerable times for a woman. If you make a mistake own it, learn from it and teach others not to make the same mistake. Lack of Professionalism Final Thoughts Related Article How you report a nurse for a HIPAA violation depends on if you are a patient (or family member of a patient) or a colleague of the nurse. No nurse is immune to penalties resulting from inappropriate social media sharing. While the nurse did not post the childs name on Facebook, her job was listed on her profile along with the hospital where she worked, and information about the boy and his condition. I hold high expectations for the nursing profession because of my mother, who spent decades being a nurse to eventually teach and prepare nurses in a nursing school. It was the caption, which was very insensitive. See our disclaimer for more information. Update I was informed that later in the episode it showed Katie Duke working in a new ER and being filmed there. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. It was poor choice for Katie to post this particular social update. What happens if a nurse violates HIPAA depends on the nature of the violation, the consequences of the violation, the nurses previous compliance history, and the content of the Covered Entitys sanctions policy.
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