She was swimming in muddy waters. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? Your email address will not be published. She did get a new job at another local ER. I sincerely wish that Katie had used this opportunity as a teachable moment. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. Katie Duke is a no-nonsense kind of nurse who has a personal motto of deal with it. It may even be her nursing motto. Duke is certainly not the first medical professional to get herself into trouble on social media. Its the caption: Man Vs 6 Train. As if the poor soul who encounter that level of trauma was intentionally playing chicken with an oncoming train. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. Breach News Most healthcare professionals will be well aware that the posting of any protected health information on a social media website constitutes a HIPAA compliance violation. It can be used to hold people to account for discriminatory views, comments or actions. Follow him on Substack: adambcoleman.substack.com. It is highly likely that a strong case had already been mounted against Katie for her to be fired. Emory Healthcare did not immediately return a request for comment on Saturday. 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. Required fields are marked *. This story has been shared 542,106 times. Samuels, who posted several other photos of herself on the job, was placed on administrative leave last month after the photos surfaced. The failure to report a minor violation could have major consequences. Whether or not a nurse can be fired for a HIPAA violation under any other circumstances will depend on the content of the nurses employment contract and their employers sanctions policy. Even famous nurses make mistakes on social media. I am not sure what hospital administrator would say this wasnt a HIPAA violation. Thank you for a more balanced discussion of the situation. Man vs 6train gave identifying information to the public about a patient (she said it was the man who was hit by the 6 train; she didnt need to post his name as the media will have already taken care of that); her account identified where she works (thereby identifying that the person is being treated in her hospital cant release that info to anyone unless the patient or family consents doubt she got a release) and the actual picture showed the type of treatment the patient received (its a stretch but any person with reasonable medical knowledge can figure out what kind of tx the pt received). Termination for a HIPAA violation does not just mean loss of current employment and benefits. We've received your submission. It would be unfathomable for my mother to record herself feigning emotion after watching someone die, as it would put her nursing ethics into question. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. Follow us and never miss out on the best in nursing news. The nurses at Emory University Hospital Midtown were participating in a popular trend where users share their "icks" or turnoffs about a person. A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. learn from my mistake.. I appreciate that you are looking at the facts of the situation, as you understand them, and addressing them without making the conversation a personal attack. She is able to get back up when she is kicked down and I have no doubt that she will deal with it and come out better for it in the end. Shake [it] off, you have 5 more hours.. But beyond penalties themselves, remember that you are a representative of your profession. Patient Abuse or Poor Professional Conduct 2. In addition to the general HIPAA violation that wed be looking at here, theres a sense of decency about the rights and expectations we all have in our likenesses and our images, Miami attorney David Weinstein told the station. Most of the nurses that get into trouble have good intentions but they just dont know how far reaching social media can be, Spector said. I do not know. If any personally identifiable protected health information is posted on social media without consent first being obtained from the patient, it constitutes a violation of the HIPAA Privacy Rule. How you report a nurse for a HIPAA violation depends on if you are a patient (or family member of a patient) or a colleague of the nurse. 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. Cancel Any Time. I rarely heard her complain even in private, and she had a love for the profession and her patients. And just look at her now..a NP and one of the most popular nurse influencers on social media. It could be a mistake to reprimand a member of the workforce for a disclosure that is allowed. . You need someone in your corner telling you what your managers really need from you, helping you learn to interact with your preceptor, and really just manage your life. The average adult spent around 3 hours 35 minutes a day on their phone in 2018 and phone screen time is expected to surpass television watching time in 2019 (Wurmser, 2018). They all sound like HIPAA violations to me. I can understand how someone can be upset but not to the degree they are taking it. 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. Get a . (The Canadian Press/CBC) A Saskatchewan nurse who used Twitter and Facebook to express concern about the quality of care given to a family member in a nursing home has been found guilty of. HIPAA Advice, Email Never Shared (CNN) -- An oncology nurse in Oregon who bragged about flouting COVID-19 restrictions in a TikTok video "is no longer employed with Salem Health," the hospital system confirmed to CNN. They can include patient errors, HIPAA violations, causing undue risk for an employer, and social media mistakes. byCarlton G. Brown, PhD, RN, AOCN, NEA-BC, FAAN. Minyvonne Burkeis a senior breaking news reporter for NBC News. Even so, the example still has the potential to help many nurses avoid making similar mistakes. Texas Childrens Hospital suspended the nurse when officials found out about her social media posts and an investigation was launched. Top Student Loan Forgiveness Programs for Nurses, Top Nursing Interview Questions & Answers, How to Create a New Graduate Nurse Resume, Best White Shoes for Nurses and Nursing Students, Best Stethoscopes for Nurses and Nursing Students, How to Work in the US as a Foreign-Educated Nurse, Why Nursing is a Great Career Choice for Men, Healthcare Administration Salary & Career Guide. Samuels had worked for the Miami-based Jackson Health System since 2016, the station reported. And even if they were, are Katies posts protected by the waivers the producers of NY Med no doubt have patients sign? "In that video, it . After Faith Linthicum, RN posted that an unarmed black man shot by police "deserved it," Kaiser Permanente decided to part ways with the nurse. There have been several recent cases of nurses taking photographs and videos of patients in compromising positions, recording abuse of patients in nursing homes, and taking embarrassing or degrading photographs and sharing them with friends via social media networks. Sharing protected health information on social media websites should be further explained. A HIPAA violation is a felony if it involves the knowing and wrongful acquisition or disclosure of individually identifiable health information under false pretenses or for personal gain, commercial advantage, or malicious intent. Complaints about HIPAA violations submitted to the Office for Civil Rights can be referred to the Department of Justice to pursue criminal penalties, including fines and imprisonment. If you practice medicine you know this. But it can also have big, sometimes unforeseen consequences, even for bold nurses who are on reality shows. Man vs. 6train So, did this really happen? By consuming any of our content, you agree that you will hold us harmless for actions you made as the result of the data. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. Accordius Health, the nursing home's parent company, said in a statement that "misuse and unprofessional use of social media platforms by employees violates our core values and is not tolerated. "My ick is. But the lack of professionalism and empathy these nurses expressed to publicly mock their patients is inexcusable their terminations were warranted. You can read more about accidental HIPAA violations here. A nurse at a Texas childrens hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. Adam B. Coleman is the author of Black Victim to Black Victor and founder of Wrong Speak Publishing. 2023 NYP Holdings, Inc. All Rights Reserved, Indiana bar backtracks on vow to toss patrons who criticize Bud Light, Dylan Mulvaney, Twitter co-founder Dorsey says company went south after Elon Musk took over, Megyn Kelly sports red MAGA-style hat in poolside pic, Most people make this major mistake sharing photos, TikTok video discussing their icks about being nurses. As a nurse, it's important to know what you can and cannot post on social media. 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 and unprofessional comments about maternity patients at Emory University Hospital Midtown.. She moved to New York and made something of herself. No nurse is immune to penalties resulting from inappropriate social media sharing. The nurse was an anti-vaxxer and posted about the experience of seeing a boy at the hospital suffering from the disease a disease that could have been prevented through vaccination. Ms Cullen says it is "clear there will be an impact" by the strikes but "it is an impact that can be stopped by the . The bombs people drop on social media can detonate right away or lurk like hidden land mines. The doctor who also works for the hospital was not reprimanded, she said. The TikTok trend originally began as a way for someone to describe why they stopped dating another person. "To be belittled and mocked during that experience is outright unacceptable. 35 separate cases were uncovered. 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. Can You Get an Associate Degree in Nursing Online? However, in 2017, ProPublica produced areporthighlighting more than fifty patient privacy violations in nursing homes and assisted living facilities. It would be impossible to convey every aspect of every situation in one-hour of television., 24/7 coverage of breaking news and live events. Nurses can talk about themselves, the nursing profession, their families, hobbies, and interest, Nurses should aim to uplift the nursing profession in their posts, Become keenly aware of your employers social media policies, Realize that nothing online is ever really anonymous, Never talk about patients or identifiable coworkers, Avoid identifying your employer on your social media profiles, Dont post anything online that you wouldnt say in front of your boss or human resources, Dont post online that you are at work as this could put you and your home at risk, Dont use the employers internet to post on social media sites--just dont post to social media while at work, Dont identify your employer on your personal profiles, Dont do anything you would be embarrassed to say to your mother, your clergy, your boss, or a potential employer, Dont do anything that could degrade or embarrass your profession. 0:34. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. However, she concedes the posting might have upset someone not familiar with the morbid exchanges that can occur in the emergency room. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. Perhaps I can clarify a little. Mary Krusi Dyke DRozario I think that many nurses (and other employees) are getting by with a lot more on social media than they would be able to if their employers monitored their activity more often. Is Katie Duke a good nurse? Was the nursing student accompanied by a preceptor or supervisor who should have prevented the HIPAA violation? We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. Emory Healthcare said the video of the now former nurses was disrespectful and unprofessional, and does not represent our commitment to patient-family-centered care.. If you make a mistake own it, learn from it and teach others not to make the same mistake. Sierra Samuels, a neonatal intensive care nurse at Jackson Memorial Hospital in Miami, was fired Thursday following an investigation that began early last month after two photos of a newborn. Kelly Morris was suspended from her job at The Citadel Winston Salemnursing home after she posted videos about her patients on her TikTok channel, according to officials. Top Cheap and Fast Online RN to BSN Programs, Affordable Online Nurse Practitioner Programs, Top Direct-Entry Nurse Practitioner Programs, Top Psychiatric Nurse Practitioner Programs, Top Pediatric Nurse Practitioner Programs, Top Acute Care Nurse Practitioner Programs, Top Online Family Nurse Practitioner Programs, Top RN to Psychiatric Nurse Practitioner Programs, Top Womens Health Nurse Practitioner Programs, How to Get an Associate Degree in Nursing. I know this is old but I just saw this episode and if you seen the very beginning of the show it had Katie Duke saying she would never want to work at another ERand then by the end of the show she was fired. It highlights just how easy for nurses to make an error that could cause them to lose their job. There are many examples of nurses being fired for social media use, but Katies story is one of the most well-known and allows for a very teachable moment. And a student who was admitted to an Illinois hospital for extreme intoxication claimed a doctor posted photos of her to various social media sites -- with commentary. If a nursing student violates HIPAA, the consequences can depend on many factors. They say that nursing is a calling, and my mother was called to the field. 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. This article contains personal opinions and assumptions based on the facts available to me as of the original publication date. More recently, the pandemic brought about an explosion of cruel, unprofessional online behavior, even among people who ought to know better. Breach News "The only thing hurt in my TikTok videos were people's feelings," she told TV station WXII in a story published on June 28, 2021. 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. The egotistical monsters we complain about exist because weve encouraged these people to incubate in an algorithmically curated narcissism ecosystem. Cancel Any Time. Four days after the nurse was suspended the decision was taken to fire her for the HIPAA violation. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. For an optimal experience visit our site on another browser. Accidental HIPAA violations by nurses happen, even when care is taken to follow HIPAA Rules. All and all, Id say Katie Duke used her social media mistake to make lemonades out of some very sour lemons. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. 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. He is a specialist on healthcare industry legal and regulatory affairs, and has several years of experience writing about HIPAA and other related legal topics. 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. At HIMSS 2017, the former deputy director of health information privacy at the HHS Office for Civil Rights (OCR) explained that OCR plans to issue guidance on HIPAA and social media and what is and is not acceptable. The motive is important because a social media post sharing good news about a patients recovery is more of an unthinking or accidental violation of HIPAA than a malicious one. Was the technical safeguard an addressable or required safeguard? 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The list of possible HIPAA violations by nurses is long, although the most common nurse HIPAA violations are listed below. }); Show Your Employer You Have Completed The Best HIPAA Compliance Training Available With ComplianceJunctions Certificate Of Completion, ArcTitan is a comprehensive email archiving solution designed to comply with HIPAA regulations, Arrange a demo to see ArcTitans user-friendly interface and how easy it is to implement, Find Out With Our Free HIPAA Compliance Checklist, Quickly Identify Potential Risks & Vulnerabilities In Your HIPAA Compliance, Avoid HIPAA Compliance Violations Due To Social Media Misuse, 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. Pedestrian v. Car, motorcycle v. Truck. The Highest Paying Jobs For Nurses With a BSN, Types of Masters in Nursing Degrees & Specialties, Pros & Cons of Getting a Master's Degree in Nursing, Nurse Practitioner vs Physician Assistant, Highest Paid Nurse Practitioner Specialties, How to Conduct a Nursing Head-to-Toe Assessment, How to Read an Electrocardiogram (EKG/ECG), Understanding and Interpreting the Glasgow Coma Scale, Complete List of Common Nursing Certifications. Ooooh I saw this episode! If they are that thirsty for attention, they should quench their thirst in another profession. In my humble opinion, this type of social media is insensitive and inappropriate. possible. Not all of these events qualify as HIPAA violations by nurses (in some cases because the nursing home was not a HIPAA Covered Entity), but they demonstrate the scale of violations that are not often brought to public attention. This time it looks like she didnt exercise the best judgment when it comes to using social media as a healthcare professional and has consequently been forced to deal with her own inappropriate actions. 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. Without knowing the answers to these questions, it is impossible to discuss potential consequences. It wasnt even her image. Your Privacy Respected Please see HIPAA Journal privacy policy. A Houston nurse is no longer employed after she posted on social media about a young patient with measles, Texas Children's Hospital said Thursday. Just admit you made a mistake and move on. Whether this has to do with physician-privilege or the comments on the photo is an unknow, but its worth mentioning. IE 11 is not supported. This really makes me think it was a complete set up. Some disclosures that may be considered breaches of confidentiality are permitted by the HIPAA Privacy Rule when Protected Health Information is disclosed to (for example) public health agencies, law enforcement officers, and employers. Florida sheriff says he would have immediately detained Br Woman has 'loud, full body orgasm' in the middle of LA concert, Biden son arrives for baby mama showdown, lawyer says he's already paid $750K support, Meghan Markle's ailing dad in 'final ever' interview: 'I refuse to be buried by her', Rihanna has secret 3 a.m Met Gala fitting for $25 million in Cartier jewels, Stanley Tucci used feeding tube for 6 months during brutal cancer battle, Ireland Baldwin tricks Paris Hilton, Hilary Duff and more stars into thinking she gave birth, NY Post Sports Reporter Zach Braziller breaks down the Knicks game 1 loss to the Heat, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Scott Disick steps out in NYC with Penelope, North West ahead of Met Gala. Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. My response to that is that last time I looked, the media was in a different business. The childs mother had been notified of the privacy breach, hospital officials told WFOR. Duke also claims that the photo was not even hers, but rather reposted from a doctors Instagram page. As we were all told to applaud the nurses who were risking their health to support the sick during the pandemic, monsters in select hospitals nationwide thought it appropriate to choreograph dance routines for likes and shares. Officials at the Jackson Memorial Hospital in. She took her loss and won! 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. Brittney Wilson, BSN, RN, a bachelors-prepared registered nurse, is the founder and owner of The Nerdy Nurse and TheNerdyNurse.com. In New Jersey, Jersey Shore University Medical Center fired nurse Adam Witt on March 31 and barred him from entering the hospital campus after he and others posted in a private Facebook group about their fears of contracting COVID-19. But those of us who do have an audience have obligation to lead by example. Polish nurse Renata Pizanowska was. 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, the disclosure may also be reported to law enforcement agencies. "I am being bullied and harassed online and these people are mad that Im not going out quietly so they are hitting harder. Nurse fired from Sinai Grace for online post, her attorney says she was canned for union organizing. Shes in a great position to become a public speaker and teacher of what not to do with SM Im curious to see where she takes it. 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. At this point, most hospitals have a social media policy. I also saw Katie on an interview on Inside Edition late in the week she didnt seem to admit any wrongdoing just said I cant believe they fired such a caring person. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Were all human and in her case she was in a stressful environment, plus had TV cameras. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. A criminal complaint was filed and the nursing assistant faces up to three and a half years in jail if convicted. HIPAA Violations 4. Is she a bad nurse? Update: After this story was published, a spokeswoman for NewYork-Presbyterian Hospital provided the following statement: NewYork-Presbyterian Hospital does not discuss individual employee matters. If any personally identifiable protected health information is posted on social media without consent first being obtained from the patient, it constitutes a violation of the HIPAA Privacy Rule. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. She has rules for how nurses can keep out of trouble while using social media but also using social media effectively and positively.
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