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. Its not some dramatic social media driven statement to evoke anything. In some cases, someone is terminated from a current job for recent problematic posts. Your Privacy Respected Please see HIPAA Journal privacy policy. 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We as licensed healthcare professionals are held to a higher standard by licensure and ethical / legal standards such as HIPAA. I do want to thank you for attempting to bring some balance to the discussion without using it as an opportunity to belittle another nurse. However, the most common causes of HIPAA violations in recent years that could be attributed to nurses include impermissible uses and disclosures of PHI, the failure to respond to or a delay in responding to patient access requests, and failing to comply with the Minimum Necessary Standard. Breach News Get the latest on all things nursing by joining our email newsletter. This article contains personal opinions and assumptions based on the facts available to me as of the original publication date. Were all human and in her case she was in a stressful environment, plus had TV cameras. 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. It is near impossible to fire a nurse from a unionized hospital in New York. A nurse in Florida has been fired after posting photos of a baby born with a birth defect on social media, according to hospital officials. 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. HIPAA-covered entities are unlikely to recruit a nurse that has previously been fired for violating HIPAA Rules. Top 6 Reasons Nurses Get Fired 1. Even famous nurses make mistakes on social media. Ooooh I saw this episode! What happens if a nurse violates HIPAA depends on the nature of the violation, the consequences of the violation, the nurses previous compliance history, and the content of the Covered Entitys sanctions policy. 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Although HIPAA has whistleblower provisions to protect employees who report HIPAA violations directly to HHS Office for Civil Rights, you may be required (by your employer) to file a report internally before taking any further action. Politics latest updates: Union leader Pat Cullen says nurses are pushed Nurses like this stain the honorable image of the profession that nurses like my mother helped to shape. The nurse also made anti-vaccine comments . The failure to comply with HIPAA Rules can result in significant penalties for HIPAA covered entities. Participating in the TikTok #IckChallenge, four Emory University Hospital Midtown employees recorded a one-minute TikTok video discussing their icks about being nurses who deal primarily with labor and delivery. 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. The failure to report a minor violation could have major consequences. An attorney told WFOR last month that Samuels not only breached the newborns privacy, but also violated the Health Insurance Portability and Accountability Act. Not Renewing Your License or Certifications 3. The photo itself tells a story. Know the facts. Definitely would make me think twice, however. In the video, another nurse says her "ick" is when the mother says she doesnt want pain medication but you are at an eight out of 10 pain. Another nurse says: "The dad comes outside and asks for a paternity test right outside the room door., One of the nurses talks about family members coming up to the nurse's station every five minutes and the father going room to room between one baby mama and your other baby mama., Emory Healthcare said the video was "disrespectful and unprofessional," and does not "represent our commitment to patient-family-centered care.". Because none of us are perfect. For example: Should the nurse have known their actions may have resulted in an accidental disclosure of ePHI? A large part of me thinks this was all for the show. It comes as nurses get ready to stage a 28-hour walkout over pay today. that's continuously reviewed to ensure its as relevant and accurate as Others may be a breach of the HIPAA Privacy Rule and/or state privacy laws. "If you want to play, thats not the profession or the field you need to play in. 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. Katie Duke is a passionate nurse who has strong opinions and will no doubt find another job and have continued success. Subscribe to our newsletter to be the first to know about our daily giveaways from shoes to Patagonia gear, FIGS scrubs, cash, and more! When shortcuts develop into a cultural norm, HIPAA violations can occur frequently without them being recognized as HIPAA violations. No nurse is immune to penalties resulting from inappropriate social media sharing. HIPAA Advice, Email Never Shared 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. The nurse, Kelly Morris, said the social media videos in question were just jokes. Regulatory Changes And just look at her now..a NP and one of the most popular nurse influencers on social media. Nurses sacked after posting pictures of themselves online wearing 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). If a nurse violates HIPAA on social media, the consequences of the violation depend on the motive behind posting PHI on social media, the content of their employers sanctions policy and what training the nurse has received about impermissible disclosures of PHI. Because of the many different scenarios in which a breach in patient confidentiality may or may not be a violation of privacy regulations, a charge nurse should escalate the report of a breach to the organizations Privacy Officer and let the Privacy Officer deal with it. Think of all the the nurses she could prevent from being fired. Social media is a double-edged sword. In a recent case, OB nurses from Emory got fired for sharing their patient "icks" on social media. Releasing patient information is a serious problem for nurses. The caption for the image reads Man Vs 6 Train The after #lifesaving #EMS #NYC #ER #Nurses #Doctors #nymed #trauma #realLife.. That means that you can trust us to have reliable, up-to-date information See ourprivacy policyfor more information. In the former scenario, the penalty will likely be a warning and refresher training; while, in the latter scenario, this is an act of gross misconduct likely resolved by termination of contract. 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. At least 50 employees, including nurses, at Northwestern Memorial Hospital in Chicago, have been fired after allegedly improperly reviewing an actor's medical records, according to NBC Chicago . As unfortunate that is is that Katie was fired over the incident, there is a silver lining here. I do not know. Look her up. Can You Get an Associate Degree in Nursing Online? When weve already told you to push your call light but every 5 minutes your family member coming up to the front desk asking for something else, said one nurse mockingly. Katie Duke's story spotlights the hazards of social media in hospitals. The likely consequence in this scenario is a warning about using social media in the future. The National Council of State Boards of Nursing (NCSBN) has released a useful guide for nurses on the use of social media (on this link). 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. Last year, a St. Louis doctors Facebook complaints about a chronically late patient drew hundreds of outraged comments from Internet posters. Its not clear if the company fired the nurses as a direct result of the video. The nurse was not fired by her employer for a HIPAA violation or break in hospital policy. IE 11 is not supported. I dont like to focus on the negative aspects of social media for nurses, but this Katie Duke is one example is being highly publicized and merits a response. NYMed provides snapshots of experiences at NYP. Is Katie Duke a good nurse? Duke posted the photo with the caption #Man vs 6 train., Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET, Chicago Doctor Accused of Posting Photos of Intoxicated Patient on Social Media, Push to Get Experimental Drugs With Social Media Pressure on the Rise. 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. Nurse Julie Dyde and healthcare worker Rachel Keys have both been sacked by Calderdale and Huddersfield NHS Trust, West Yorkshire, and nurse Caroline Luxford-Noyes, has been fired by. The Nerdy Nurse is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. Hospital officials cited patient privacy as a top priority while saying the blatant breach would be investigated. Nurses are under intense pressure to work as efficiently as possible; and, due to this pressure, there may be times when shortcuts are taken with HIPAA compliance in order to get the job done. Regulatory Changes 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. If you want to support this channel, please visit the following sites below: Cash app: https://cash.me/$Dawson305Paypal Donation Link:https://www.paypal.com. Social Media and Nursing: Where to Draw the Line with Professionalism I just wished she used this opportunity to talk about how to use social media appropriately. "My ick is. Delivered via email so please ensure you enter your email address correctly. Whitley Patterson, whose mother passed away at the nursing home, said she does not buy Morris' explanation. 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. 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. 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. . Nurse Kenisa Barkai is now suing her former employer, Sinai-Grace Hospital. Required fields are marked *. 0:34. Quite a few nurses have been disciplined or fired for inappropriate social media posts, with some cases even making the national news. All rights reserved. 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. 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. It was the caption, which was very insensitive. Nurse's firing over Instagram photo spurs social media debate These rules nurses should use while utilizing social media include: Posting patients by name or providing enough information that patients might be identified can get you in a lot of trouble. The caption is not needed. It can help nurses to better understand employers HIPAA policies by taking advantage of an onlineHIPAA training course, especially modular courses that can be taken in small sections. One only needs to search the words social media and nurse, to read the numerous stories where nurses have been let go for writing or posting comments and photos about patients or hospitals. This was such a teachable moment, She could have used her brand that she has built to help other nurses avoid making the same mistake. If a nursing student violates HIPAA, the consequences can depend on many factors. Author: Steve Alder is the editor-in-chief of HIPAA Journal. A nurses viral TikTok video did exactly this as she recorded herself melodramatically acting shaken with the caption Lost a patient today. I hold high expectations for the nursing profession because of my mother, who spent decades being a nurse to eventually teach and prepare nurses in a nursing school. With over 128,000 followers as of the writing of this update, she is one of the most popular nurses on Instagram. New York Presbyterian declined to comment on Dukes firing or anyone elses involvement. Give the world a positive impression of your beloved career. Reader Offer: Free Annual HIPAA Risk Assessment, Video: Why HIPAA Compliance is Important for Healthcare Professionals. Learn how your comment data is processed. Sounds like a huge setup to me. 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. Curious to see where she takes it? — -- One of the most dramatic scenes so far from the second season of ABCs New York Med had nothing to do with gunshot wounds or heart transplants. 2 Kelly Morris Credit: Instagram Why was a nurse suspended over her TikTok videos? Duke maintains that she did nothing wrong by posting the picture. Employees who violate these privacy rules, despite being educated, are subject to disciplinary action included suspension or termination, hospital officials told WFOR. In the same way that you should not disclose information about your patients, nurses should take care not to post their personal information. But our study also raised important questions about privacy, common. 6 Reasons Nurses Get Fired: Social Media Mistakes, and More (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. Making Too Many Mistakes 8. "In that video, it . Nurse's firing highlights importance of social media discretion What happens if a nurse violates HIPAA accidently depends on the nature of the violation, the consequences of the violation, the employers sanctions for HIPAA violation, and the nurses previous history of accidental HIPAA violations. If health information is not acquired or disclosed under false pretenses and/or for personal gain, the offense is punished as a misdemeanor. Id never heard of Katie Duke, until this string of blogs. Yesterday, a nurse employed with Salem Health posted a video on social media which displayed cavalier disregard for the seriousness of this pandemic and her indifference towards physical. BREAKING:U.S. military is tracking another mysterious balloon that flew over parts of Hawaii. However, Katie is resilient. That I am not sure of. This is not an opinion all nurses share, but clearly Katie being fired for it shows that hospital administrators largely share my professional opinion. If a nurse violates HIPAA by accident, it is vital that the incident is reported to the person responsible for HIPAA compliance in your organization the Privacy Officer, if your organization has appointed one or your supervisor. Duke posted the photo with the caption "#Man vs 6 train." Join Today's Emergency Medicine Tweet Chat Today at 1 PM, ET A nurse can be held responsible for a HIPAA violation if the non-compliant event occurs frequently in the nursing unit. 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. She reportedly created a GoFundMe page titled "TikTok Got me Fired," but explains that she was suspended from her job. I saw that episode of NY MED. Never Disclose Your Personal Information. The doctor who also works for the hospital was not reprimanded, she said. We strive for accuracy, but cannot be held responsible for the current validity of data as best practices are ever-changing. 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. HITECH News What happens if a nurse violates HIPAA compliance rules? People often use keywords like I shouldnt violate HIPPA, but that make the inappropriate material pop up on a search for HIPAA. There are a few frequent fliers on my search lists but their employers obviously arent doing the same searches. Your Privacy Respected Please see HIPAA Journal privacy policy. In my humble opinion, this type of social media is insensitive and inappropriate. Nurse Katie Duke has been featured on two seasons of the reality medical drama, "New York Med. 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. There have been several instances in recent years of nurses who violate HIPAA with social media. 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. 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. Was the technical safeguard an addressable or required safeguard? 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. Again not an expert on HIPAA by any means but from all my years of experience and training thats how I see it. 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. Four labor and delivery nurses at an Atlanta hospital came under fire over a TikTok video in which they shared the things that annoy them about expecting mothers and their families. 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 with an abdominal wall birth defect were posted to her Instagram account, WSVN reported. Delivered via email so please ensure you enter your email address correctly. Download PDF. If made aware of a breach in client confidentiality, the actions a charge nurse should take depend on the nature of the breach. She has launched social media training programs, nurse travel and excursion, her very own scrub line, and a wildly popular podcast. She took her loss and won! In today's society, social media is at everyone's fingertips via a smartphone or iPad. 2. Subscribe for the latest nursing news, offers, education resources and so much more! Social Media Post Prompts Firing - Clinical Advisor 7 Tips for Using Social Media as a Nursing Professional equally, but do you know which nurses are making the most money in 2023? Receive weekly HIPAA news directly via email, HIPAA News If you hung around nurses station and heard the way we talk about injuries, life and death you might get the wrong impression but its just a coping mechanism. She said.