Failure to Maintain Resident Privacy Due to Unauthorized Photography
Penalty
Summary
Staff members failed to maintain residents' rights to privacy when two certified nursing assistants (CNAs) took photographs of two residents and their rooms using personal phones without obtaining the residents' knowledge or consent. One resident, who was no longer at the facility at the time of review, was photographed in their room by a CNA, despite being unable to provide consent and without the responsible party being informed or asked for consent. The Director of Staff Development (DSD) confirmed that photographs were taken without proper authorization, acknowledging that this action violated the resident's privacy. In another instance, a CNA took photographs of a resident's colostomy bag, which was leaking and dirty, again without obtaining consent from the resident. The photographs were taken on the CNA's personal phone, and the DSD confirmed that consent should have been obtained prior to taking any photographs of the resident or their surroundings. Facility policy requires employees to treat residents with respect, dignity, and to maintain privacy and confidentiality, which was not followed in these cases.