Unauthorized Photograph and Disclosure of Resident's Private Body Area
Penalty
Summary
Facility staff failed to maintain a resident's rights to dignity, privacy, and confidentiality when an RN took and shared an unauthorized photograph of the resident's anal area. The resident, who had a diagnosis including rectal prolapse and no documented cognitive deficits on an admission MDS, had previously signed a general Photo Release Form allowing use of his image for lawful purposes such as publication, advertising, web content, and social media. However, this form did not document permission for photographing private body parts or for providing photographs to individuals outside the facility. The resident's progress notes contained no documentation that any pictures had been taken, and during interview the resident stated he did not remember ever giving permission for a nurse to take a picture of his backside and believed he would remember if he had given such permission. The incident came to light through an intake document alleging that the resident's rights had been violated when an RN took a photograph of the resident's anal area on a personal electronic device and sent it to a friend who was not involved in the resident's care and had no connection to the facility. The facility's investigation, documented on an Indiana State Reportable Incident form, confirmed that the RN had taken the picture during resident care and transmitted it via the personal device to this outside individual. This conduct was inconsistent with the facility's Resident Rights policy, which prohibited unauthorized release, access, or disclosure of resident information and required that any such release comply with privacy laws.
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