Resident Privacy Violated by Unauthorized Photography
Penalty
Summary
The facility failed to protect a resident's right to privacy when the Administrator took and shared photographs of a resident without his consent. The resident, who was admitted with quadriplegia and was cognitively intact as indicated by a BIMS score of 15, left the facility independently in his power chair to get a haircut. The Administrator, after being informed that the resident's mother was concerned about not hearing from him, followed the resident in her personal vehicle, took pictures of him at a red light, and sent these photos to his mother via text message. The resident reported feeling upset and that his privacy had been violated by these actions. The resident's mother confirmed she did not request photos and felt the Administrator's actions were inappropriate and a violation of privacy. The Administrator acknowledged taking the photos and sending them without considering the resident's privacy rights. The DON confirmed that photos should not be taken of residents without their consent and that doing so constitutes an invasion of privacy. Facility policy also states that all residents have the right to a dignified existence, self-determination, and communication, which was not upheld in this instance.