Unauthorized Photograph of Resident by CNA
Penalty
Summary
A certified nursing assistant (CNA) was found to have taken a photograph of a resident on her personal phone without authorization. The resident, who had moderately impaired cognition and required staff assistance for toileting, was observed sitting in a wheelchair in his room. The CNA explained that she took the picture to defend herself, and the image depicted the resident sitting on a bed with visible wet bedding. The resident's face was not visible, but the image was identifiable as the resident. The facility's policies, as outlined in the Employee Handbook and Abuse Policy, prohibit employees from taking pictures of residents on personal devices. The CNA's employee file confirmed she had received and acknowledged these policies. The incident was discovered during an interview with the CNA, who produced the photograph from her phone and stated she had taken numerous pictures of residents. The administrator confirmed that such actions were not permitted by facility policy.