Resident Privacy Violated by Unauthorized Photograph Shared on Social Media
Penalty
Summary
A deficiency occurred when a State Tested Nursing Assistant (STNA) took a photograph of a resident while the resident was in a bathtub and subsequently shared the image in a small group chat on a social media platform. The resident involved had multiple medical diagnoses, including chronic obstructive pulmonary disease, congestive heart failure, stroke, and hemiparesis, and was cognitively impaired with a Brief Interview Mental Status (BIMS) score indicating impaired cognition. The resident required significant assistance with daily activities such as eating, toileting, bed mobility, transfers, and showers. The incident came to light when management was informed that the STNA had allegedly taken and shared the photo. The STNA admitted to taking the picture and sharing it with a group of four or five people, none of whom were facility staff. The police were notified and initiated an investigation for voyeurism. The resident was informed of the incident by the police and was given the opportunity to press charges, which she declined. Assessments by the medical director and psychosocial services found no adverse effects on the resident. Interviews with staff revealed that none were aware of the STNA taking pictures of residents, and all denied knowledge of the incident. The facility's policies on abuse, mistreatment, neglect, exploitation, and social networking explicitly prohibit the taking and sharing of resident photographs and require the protection of resident privacy. Despite these policies, the STNA's actions constituted a failure to ensure the resident was free from abuse and a violation of the resident's right to privacy.