Unauthorized Use of Personal Cell Phones for Resident Images and Clinical Communication
Penalty
Summary
The facility failed to protect residents' personal privacy and the confidentiality of medical information when staff used personal cell phones to photograph and video residents for clinical communication with the facility’s Nurse Practitioner (NP). Nursing documentation showed that one resident was observed sliding on the floor while yelling and screaming with abdominal pain, and staff contacted the NP for clinical guidance. The NP’s written statement confirmed that staff provided a video of this resident and requested guidance based on the behaviors shown in the recording. During interviews, a RN admitted to taking a video of the resident on her personal cell phone to send to the NP and acknowledged knowing that personal devices were technically not permitted, though she believed the restriction related to posting on social media. The RN also reported that staff take photographs of residents’ skin concerns to send to the NP. The Wound Care Nurse stated that she routinely uses her personal cell phone to take and store pictures of residents’ wounds and sends them via text message to the NP for assessment and treatment recommendations, and both staff members were unaware of any signed consents from residents for this form of communication. The Administrator did not oppose the practice if done for medical purposes but acknowledged she could not ensure confidentiality once images were on personal devices. Review of the facility’s policy on videotaping, photographing, and imaging of residents showed requirements for explicit written consent, prohibition of unauthorized transmission of images, and treatment of photographs as health care records, but there was no evidence of consent, authorization, or secure, encrypted transmission for the use of staff personal devices as practiced.
