Unauthorized Video Recording of Resident During Incontinence Care
Penalty
Summary
Facility staff failed to protect and maintain personal privacy and dignity when a nurse aide used a personal cell phone to record video footage of a resident receiving incontinence care without consent. The recording was made through a window where the blinds had not been lowered, and neither the resident nor the staff member providing care were aware of the recording. Facility policies reviewed indicated that staff are prohibited from taking or releasing images or recordings of any resident without explicit written consent, and that resident privacy must be maintained during personal care. The resident involved had diagnoses including dementia and cerebral infarction, with severe cognitive impairment documented on a recent assessment. The resident required assistance with toileting and incontinence care due to impaired mobility and physical limitations. The incident occurred when two nurse aides positioned themselves across the facility courtyard and recorded the resident during care, in violation of facility policies and without any form of consent.