Violation of Resident Dignity and Privacy Due to Unauthorized Photograph
Penalty
Summary
A certified nurse assistant (CNA) failed to treat a resident with dignity and respect by taking a photograph of the resident's exposed buttocks using a personal cell phone. The incident occurred after the resident expressed concern about not feeling clean following incontinence care. The CNA, in response, took out their phone, asked the resident if they wanted to see a picture, and then took and showed the photo to the resident. The CNA also showed the photo to a registered nurse (RN) present at the time. The resident reported feeling embarrassed, ashamed, nervous, and scared as a result of this action. The resident involved had a history of multiple medical conditions, including hypertension, heart failure, diabetes, morbid obesity, asthma, peripheral vascular disease, epilepsy, obstructive sleep apnea, lymphedema, and anxiety. The resident was cognitively intact, as indicated by a perfect score on the Brief Interview for Mental Status. The care plan for the resident included interventions to encourage participation in self-care, provide positive reinforcement, and maintain a calm approach due to anxiety. Despite these interventions, the incident was not documented in the resident's medical record, and there was no evidence of psychosocial follow-up or documentation by staff regarding the resident's emotional state after the event. Facility policy explicitly prohibits the use of personal electronic devices, including cell phones, in resident care areas and strictly forbids taking photographs of residents. The CNA admitted to knowing that having a phone on the floor and taking pictures of residents was against policy. The lack of documentation and follow-up in the medical record, as well as the violation of privacy and dignity policies, contributed to the deficiency identified during the survey.