- What principles of patient confidentiality might be an issue? Consider legal and ethical.
- How might this nurse use a communication device to support safe patient practices?
- What would your organizations policy on 'personal communication device use in a patient care setting' reveal related to this case? (If your organization does not have a written policy, or you are not currently working in an organization, what do you think should be included in such a policy and why?)
References
Hebda, T., Hunter, K., & Czar, P. (2019). Handbook of informatics for nurses & healthcare professionals (6th ed.). Pearson.
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National Council of State Boards of Nursing. (2011). White paper: A nurse's guide to the use of social media.
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U.S. Department of Health & Human Services. (n.d.). Health Information Privacy.
Use of Personal Communication Devices in Patient Care Settings
Learning Goal: I'm working on a nursing writing question and need the explanation and answer to help me learn.
A nurse colleague uses his personal cell phone to take a photo of a patients wound and then sends a message with the photo to the primary care provider via a text. Please consider the following in your discussion post:
Sample Solution
Nurse Using Personal Phone for Patient Wound Photo: Ethical and Legal Concerns
The scenario you described raises significant ethical and legal concerns regarding patient confidentiality and safe patient practices. Let's break down the issues and explore potential solutions:
Principles of Patient Confidentiality:
- HIPAA (Health Insurance Portability and Accountability Act): This law protects patients' protected health information (PHI), including photos of wounds. Sharing such information without the patient's explicit consent is a violation.
- Nursing Ethical Codes: Codes like the ANA Code of Ethics emphasize patient privacy and confidentiality. Taking and sharing patient photos without consent violates these ethical principles.
- Informed Consent: The patient has the right to know how their information will be used and shared. Taking and sharing their photo without their knowledge and consent breaches this right.
Possible Consequences:
- Disciplinary action: The nurse could face disciplinary action from their employer or professional licensing board.
- Legal repercussions: HIPAA violations can result in fines and even criminal charges.
- Loss of trust: Patients have the right to trust their healthcare providers to protect their privacy. This incident could damage patient trust and confidence.
Full Answer Section
Using Communication Devices for Safe Practices:
While personal phones present risks, communication devices can support safe practices when used appropriately:
- Secure communication platforms: Hospitals often provide secure messaging apps for communication within the healthcare team.
- Patient consent: If photos are necessary for consultation, obtain written consent from the patient, outlining how the photo will be used and stored.
- Hospital policies: Follow your organization's policies on using personal devices for patient care activities.
Organizational Policy Recommendations:
If your organization lacks a policy on personal device use, consider advocating for one that includes:
- Prohibition of using personal devices for capturing or sharing patient photos.
- Clear guidelines for using secure communication platforms for professional communication.
- Training on HIPAA and patient confidentiality for all staff.
- Disciplinary procedures for policy violations.
Conclusion:
Protecting patient privacy and confidentiality is paramount in healthcare. Nurses must prioritize safe and ethical practices, avoiding personal devices for patient-related photos. Utilizing secure communication platforms and adhering to organizational policies are crucial for responsible technology use in patient care.
References:
- Hebda, T., Hunter, K., & Czar, P. (2019). Handbook of informatics for nurses & healthcare professionals (6th ed.). Pearson.
- National Council of State Boards of Nursing. (2011). White paper: A nurse's guide to the use of social media.
- U.S. Department of Health & Human Services. (n.d.). Health Information Privacy.
Remember, this is not legal advice. Always consult with the appropriate authorities for specific guidance regarding your organization's policies and legal requirements.