Unauthorized Recording and Degrading Social Media Post of Resident with Dementia
Penalty
Summary
A staff member recorded a video of a resident with dementia wandering the halls and speaking to another resident without the resident's consent. The video was then sent via social media to another staff member, accompanied by a message referring to the resident in a degrading manner. The resident was unable to provide consent due to her diagnosis of unspecified dementia, unspecified severity. The facility's policy prohibits staff from recording or photographing residents without explicit written consent, and any unauthorized transmission of such images is considered a violation of resident rights. The policy also states that any image or recording that may be construed as humiliating or demeaning is considered resident abuse. The incident was not documented in the resident's progress notes, and the video was confirmed to have been sent by one staff member to another, neither of whom had a personal relationship outside of work. The staff member who received the video recognized the violation and reported it to the Assistant Director of Nursing, who then escalated the issue to facility leadership. The staff member who recorded and sent the video acknowledged her actions and admitted the message was degrading. The staff member had previously completed mandatory abuse reporter training and had a prior disciplinary record. The facility's policy and staff interviews confirmed that residents must not be recorded without consent, especially for personal use or entertainment.