“Recent media reports have highlighted occurrences of nursing home staff taking unauthorized photographs or video recordings of nursing home residents, sometimes in compromised positions. The photographs are then posted on social media networks or sent through multimedia messages. It is our responsibility to establish an environment that is as homelike as possible and includes a culture and environment that treats each resident with respect and dignity. Taking photographs or recordings of a resident and/or his/her private space without the resident’s or designated representative’s written consent, is a violation of the resident’s right to privacy and confidentiality.” This information is a direct quote from the S&C:16-33-NH from 2016 but still holds true today.  

Certainly, there are legitimate reasons for photographing a resident, most commonly for the medical record. This makes it much easier for staff to identify residents using pictures and, worst case scenario, assist first responders in locating a missing resident in the event of an elopement. Many of our centers also photograph/video record social activities and events and post them on social media sites. Is this wrong? Probably not, however, who is permitted to post and who is monitoring these sites to be sure that what is posted is appropriate? Sadly, in our world today, we can’t make assumptions, we need to have a process for ongoing monitoring and fact checking. 

Many of our centers have photograph consents in the admission packet, however, does your consent limit photographing to be used for identification purposes only? If so, that fun activity you just posted to social media might cause a problem, right? How about the use of employee cell phones, are you sure your staff aren’t photographing or videotaping residents? Trust me, we all want to believe that our staff wouldn’t do that, however, it has happened. Maybe it is time to review your policy on cell phones and photographing? You have a lot of responsibility and many moving pieces so adding this to your list may feel overwhelming, however, it is worth your time. As always, refer to the HealthCap Resource and Education Center for resources to make your life easier! Stay well and stay informed! 

For More Information:

• HealthCap Cellular Telephones/Camera Policy and Procedure
• HealthCap Resident Identification Photographs
• HealthCap Photograph Consent
• HealthCap Photograph Consent Policy and Procedure