Are Patients Recording Nurses Without Their Consent?
Learn how to keep cell phones out of the conversation
By Megan Murdock Krischke, contributor
Nurses are put in uncomfortable situations daily and until recently, if a patient wanted to take a picture with their favorite nurse, it wasn’t an issue. But with more and more technology available, patients are taking things to the next level and recording conversations with nurses and doctors for later use. This raises questions about patient privacy and hospital staff privacy. What crosses the line and what is within bounds?
“There are many potentially wonderful ways to use this technology, such as a family wanting to record a consult about breast cancer care or a nurse teaching a patient how to take meds or change a dressing. Even with many positive applications, as an organization, our big consideration is, how does recording honor patient privacy and the privacy of our team members? We have to ask, how is this technology going to be used?” said Denise Dubuque, MHA, RN, vice president for Surgical and Procedural Services at Virginia Mason Medical Center in Seattle, Wash.
It is likely that these photos could be put on Facebook and a nurse may or may not feel comfortable with that, she added.
“I suspect that many folks who are recording in a healthcare setting probably had a bad experience at some point and so are feeling wary,” stated E. Mary Johnson, BSN, RN-BC, NE-BC, past-president, American Academy of Ambulatory Care Nursing and patient navigator at the Center for Health Affairs in Cleveland, Ohio.
“But recording poses a real threat of creating HIPPA violations and needs to be taken quite seriously. I think violation is on everyone’s mind because people are so sensitized to social media that they don’t even think about the sensitivity of the information they are posting.”
In response to privacy concerns the peri-operative department at Virginia Mason has instituted a new policy that no audio or video recordings can be made in any of the surgical or procedural rooms without prearranged consent. Additionally, Washington state is a two party state--meaning that both the person doing the recording and the person(s) being recorded have to give consent.
“While recording in certain care situations can increase clarity for patients, the peri-operative setting tends to be open areas with lots of team members and many patients. There is appropriate concern that any recording may capture another patient or information about that patient which would be a HIPPA violation and a federal offense,” explained Stephen Rupp, MD, anesthesiologist and medical director of Surgical and Procedural Services at Virginia Mason.
“Our staff members began to raise the concern that during a procedure or during an interview a family member would pull out their phone and start to record unannounced,” said Rupp.
“It was making staff anxious since they were not sure how the recording would be used. Did the family member plan to take it to an attorney, or post it on Facebook? They are wondering, is there something that I’m going to say that will be used against me? It was adding a level of stress to providers that was unplanned for and compromising care. When we asked our staff their thoughts on being recorded the primary response was, ‘I didn’t agree to be recorded. I’m trying to build a relationship of trust and being recorded is catching me off guard. I really don’t want this.’
Additionally, Rupp said he’s concerned that recording would suppress the willingness of team members to speak up about important clinical information that should be shared with the team.
While wanting to protect the privacy of patients and caregivers, Rupp and Dubuque do not want to dismiss patient concerns about what is happening to them while they are under anesthesia.
“At Virginia Mason our staff have gone through a specific training to encourage all team members to speak up during an operation and the surgeon invites anyone who has a safety or respect concern to please voice them. Additionally, we offer an anonymous reporting option if they have a safety or behavioral concern. The executive group takes these reports seriously and will have an intervention with a provider who has behavioral problems,” noted Rupp.
If you suspect you are being recorded, Johnson suggests you ask directly:
Are you filming me while I provide care?
I would ask you to stop that because we have a policy that prohibits recording (or I need to check the policy).
If the person recording responds: Are you ashamed of what you are doing?
Explain that you need to protect the privacy of your patient, even if he or she is a family member, and that you need to follow policy.
Then explain that, as the caregiver, you need to report this to a manager.
Dubuque adds that if a nurse has concerns about being recorded, those concerns should be escalated through management and the executive team so that the staff can be supported with appropriate policies.
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