Staff Posted Resident Video on Social Media in Violation of Facility Policy
Penalty
Summary
A staff member at the facility posted a video of a resident, who was undressed in a shower room, on a social media platform. The video showed the resident from the shoulders up, including her neck and face, while a CNA instructed her to say 'Hi' multiple times. The incident was discovered when a former employee reported the video to a current staff member, who then informed the night nurse. The Director of Nursing (DON) was notified and confirmed the existence of the video, which had been posted by the CNA. The CNA initially denied posting the video but was confronted with evidence during an interview with the DON. The facility's policy explicitly prohibited employees from capturing or sharing any resident-specific information, pictures, or videos via electronic communication or social media. Despite this policy, the CNA had signed the policy upon hire but still posted the video. The incident was reported to the Department of Health, and the DON began an investigation by interviewing alert residents about staff use of phones to take videos of them.