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All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. In that case it involved the sharing of photographs of patients on Snapchat. In most cases, if a nurse accidentally violates HIPAA, the consequences are minor, and the nurse does not have a history of accidental violations, the outcome will be a verbal warning and/or refresher HIPAA training. This story has been shared 679,840 times. I could see having to go to a social media sensitivity class or something, but I sympathized in shock and my heart went out to her. See ourprivacy policyfor more information. It seems so many people want to denigrate Katie Duke, from her choice to post the photo being discussed to the measurement of her waistline. I can understand how someone can be upset but not to the degree they are taking it. After receiving the suspension, the nurse appeared to realize that she had shared too much information and deleted several of her posts. The photo itself tells a story. I do find the comment very insensitive. Every grievance, no matter how small or destructive, is considered permissible within our culture of narcissism and it has a convenient shield from criticisms because weve pedestalized self-expression over self-respect. For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI? It came when emergency room nurse Katie Duke was fired for posting a photo to Instagram. My night was going great them boom! one post by Samuels read, showing a photo of the newborn taken inside the hospitals newborn intensive care unit. They all sound like HIPAA violations to me. The report concerns more than fifty events in which patient privacy was violated in nursing homes and assisted living facilities; and although not every event qualified as a HIPAA violation, the report shows the scale of violations and the penalties for those who committed them. Sign up to receive the latest nursing news and exclusive offers. In response to the rightful outrage from social-media users, the Atlanta hospital fired the four nurses over the weekend for, it said, filming "a TikTok video that included disrespectful. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. A malicious disclosure of PHI on social media is likely to be considered gross misconduct in which scenario the penalty will likely be termination of contract and referral to the nurses licensing authority. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively. Nurse Fired After Posting 'Insensitive' Photo on Instagram We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. We have nurses like the ones from Emory University Hospital Midtown who believe your tribulations are trivial and act as if your presence as a patient is an annoyance. Katie Duke states that when she was dismissed from her job of nearly 7 years that she wasnt fired for committing a HIPAA violation or for breaking any hospital policies, but for being insensitive. She did get a new job at another local ER. jQuery( document ).ready(function($) { HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. Duke posted the photo with the caption "#Man vs 6 train." Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET That's why we rely on registered nurses and other experienced healthcare Oh, I dont recall them elaborating on that during the show. A large part of me thinks this was all for the show. Nurses at Atlanta hospital under fire over TikTok video mocking Katie Duke, who has a massive following on Twitter and Instagram, is one of the stars of the ABC hit NY Med. Id never heard of Katie Duke, until this string of blogs. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. The photo captured a messy but empty trauma room that had been used to treat a man hit by a New York City subway train. Texas Children's Hospital nurse fired after post about measles patient It was the caption, which was very insensitive. The caption is not needed. There have been several instances in recent years of nurses who violate HIPAA with social media. Well be joined by emergency medicine professionals from all over the country who will offer their ideas about how to handle yourself in a medical emergency. I saw that episode of NY MED. ", Do Not Sell or Share My Personal Information. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. The childs mother had been notified of the privacy breach, hospital officials told WFOR. Thank you for a more balanced discussion of the situation. Come chat about it with Dr. Richard Besser, ABC News chief health and medical correspondent as well as the stars and producers of New York Med. If so, it certainly upped her ratings, Im sure Im dont believe I like that sort of stereotyping about nurse role models though. If a nurse discloses a patients health information for a purpose not allowed by the Privacy Rule, or discloses more than the minimum necessary for the purpose of the disclosure, this is a violation of the Privacy Rule. Firing for Online Behavior - SHRM Morris told the TV station that she believes this is an example of "cancel culture" and she feels the people targeting her do not understand her sense of humor. 7 Tips for Using Social Media as a Nursing Professional It is a violation of HIPAA to share EMR login credentials because, under the Administrative Safeguards of the Security Rule (45 CFR 164.308), Covered Entities are required to implement procedures that record system activity including who accesses systems containing ePHI and when. An official from Texas Childrens Hospital confirmed the nurse lost her job as a result of violating hospital policies and federal laws by posting protected health information on social media, and not for her anti-vaxxing views. "To be belittled and mocked during that experience is outright unacceptable. Was this patient in an episode? She also explained in her posts, I think its easy for us non-vaxxers to make assumptions, but most of us have never and will never see one of these diseases, and By no means have I changed my vax stance, and I never will. The nurse, Kelly Morris, said the social media videos in question were just jokes. I am not sure what hospital administrator would say this wasnt a HIPAA violation. Lack of Professionalism Final Thoughts Related Article However, although the HIPAA violations might not be recognized as such within the nursing unit, a nurse can still be held responsible for a violation albeit an unintentional violation that results from an unofficial working practice. In some cases, someone is terminated from a current job for recent problematic posts. I did see the episode and was totally shocked when she was fired. Not even nurses who are constantly held on a higher pedestal than others. Brittney Wilson, RN, BSN, also known as The Nerdy Nurse, is an award-winning author and national speaker on social media issues, bullying, and informatics. It is not possible to determine the most common causes of HIPAA violations by nurses because although HHSpublishes a tableindicating the top five issues in investigated cases, there is no distinction between HIPAA violations by nurses and other members of the workforce. You know all nursing jobs arent created (or paid!) Is it a possibility it was staged? Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. However, Katie is resilient. Patient Abuse or Poor Professional Conduct 2. Marian Weber says she . Reader Offer: Free Annual HIPAA Risk Assessment, Video: Why HIPAA Compliance is Important for Healthcare Professionals. Now I check my posts so no one gets offended or thinks I am a cold-hearted person., Emergency Medicine Tweet Chat Today at 1 PM, ET. Copyright 2014-2023 HIPAA Journal. Her comments explained how the disease was much worse that she expected it to be, having not encountered anyone with the measles in the past. An official from Texas Childrens Hospital confirmed the nurse lost her job as a result of violating hospital policies and federal laws by posting protected health information on social media, and not for her anti-vaxxing views. If the nurse works for a HIPAA Covered Entity, you can report the violation to the Covered Entitys Privacy Officer or HHS Office for Civil Rights. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. The pediatric ICU/ER nurse worked at Texas Childrens Hospital and posted a series of comments on Facebook about a rare case of measles at the hospital. Where the HIPAA violation represents gross misconduct with serious consequences for either a patient or an employer, a nurse could also be reported to their licensing board; while a criminal violation (under 1177 of the Social Security Act) will likely be referred to law enforcement. Unless prior authorization has been received from a patient, in writing, nurses should avoid sharing photographs and videos of patients (or any PHI) on social media sites. Brittney Wilson, BSN, RN, a bachelors-prepared registered nurse, is the founder and owner of The Nerdy Nurse and TheNerdyNurse.com. However, she concedes the posting might have upset someone not familiar with the morbid exchanges that can occur in the emergency room. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. In some cases, the disclosure may also be reported to law enforcement agencies. jQuery( document ).ready(function($) { "Every patient at Emory Healthcare deserves to be cared for by a compassionate, experienced team in a comfortable and safe environment," the company said. This article is written not to attack Katie, but instead, share a very public example of how nurses can easily be fired for inappropriate social media use. Had the nursing student been given a copy of the Covered Entitys sanctions policy? Courtesy Marian Weber. While the nurse did not post the childs name on Facebook, her job was listed on her profile along with the hospital where she worked, and information about the boy and his condition. Your email address will not be published. Social Media Misconduct 5. I have a whole file for training. It bothered me that she was fired for re-tweeting the image that was originally posted by a doctor a doctor who works for the same hospital. Brittney is the author of, Interviews and Press, Awards and Mentions. Sounds like a huge setup to me. Foul-mouthed note to selfish panic buyers goes viral as Delta Covid variant shuts down Australia once again, Millions of Brits lined up for Covid booster jabs from September to stop winter case spike, Britain and EU strike last gasp Sausage War ceasefire to head off threat of trade tariffs, Abused Jasmine Hartin freed from Belize jail as lawyer claims shes been thrown to wolves' by Lord Ashcrofts family, Joe Biden 'hosted Hunter's Mexican associates in VP's office and flew son to meeting on Air Force 2', Almost HALF of Americans are having trouble finding clothes that fit after the pandemic, poll says, Sophie Toscan du Plantier prime suspect Ian Bailey claims bombshell DNA will clear his name in 25-year murder mystery, Brit boy, 13, who claims ISIS trained him to kill aged EIGHT begs to return to UK to play Xbox & eat McDonalds. Social media is a double-edged sword. Ms N could not get the toddler off her mind after she arrived home from. For example: Had the nursing student received adequate training before being exposed to PHI/ePHI? Become a Part of the Nurse.org Community! Texas Nurse Fired for Social Media HIPAA Violation The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. A NURSE in North Carolina was suspended after allegedly ridiculing and mocking patients - some of whom were critically ill. I cant be certain that this is the case, but it should be considered when looking at the big picture here.

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