Unauthorized Video Recording and Privacy Violation During Personal Care
Penalty
Summary
A nurse aide (NA) used her personal cellular phone to record a video of a resident while providing personal care, without the resident's consent. During the recording, the resident's chest area was exposed, and the resident was observed holding a pink baby doll for comfort. The video captured the resident verbally and physically resisting care, including swinging her arm at the NA and verbally asking to be left alone. Despite the resident's resistance and request, the NA continued to provide care and record the incident. The NA later admitted to recording the video to capture the resident's combative behaviors, which she found amusing, and acknowledged she had been trained not to record residents or use personal devices in care areas. The resident involved had a history of dementia, was moderately cognitively impaired, and was care-planned for resisting care. The care plan included interventions such as providing choices during personal care. The resident's representative expressed distress upon learning of the video, stating that the resident's right to privacy had been violated and that the video was distributed without consent. The video was discovered by a third party who accessed the NA's phone and subsequently shared it with another individual, leading to the facility being notified of the incident. Interviews with facility staff and other caregivers indicated that the resident was dependent on staff for most activities of daily living and that her response to care depended on the approach used by staff. The DON and other staff confirmed that the NA had received training on abuse prevention and the prohibition of recording residents. The NA's actions were found to be in violation of facility policy and the resident's rights, resulting in the exposure of the resident's nudity and humiliation through the unauthorized recording and sharing of the video.