HospitalInspections.org

Based on interviews and document review and interview, the hospital failed to ensure staff did not take pictures of hospitalized patient's on their own personal cell phones for 1 (one) of 1 (one) incidents reviewed.

Finding:

The Division of Licensing and Certification received a compliant that indicated pictures from Patient #1's surgery were taken with a Registered Nurse's ("RN's") personal cell phone. On 03/07/2022, at 10:25 AM, the complainant stated, "On 01/28/2022, I asked [RN #1] if I could see the pictures, from [Patient #1's] surgery, that were on her phone. She took out her phone and showed me the photos. I asked [Nurse #1] if that was her personal cell phone, and she said, 'yes'."

The hospital's "Photographs of Patients" policy, revised and dated 09/2020, stated, in part, "Unauthorized use of any type of camera or video recording device, including cell phone cameras, in any area of the hospital grounds or where patients or hospital personnel could be captured on film or tape is strictly prohibited at St. Joseph Hospital. The express written permission of the patient or as otherwise required by State/Federal law is required." and "Storage: Sensitive images need to be available for patient care, but also need to be maintained in a manner that protects the patient from unauthorized viewing."

On 03/08/2022 at 12:00 PM, RN #1 was interviewed. RN #1 stated, "On 01/28/ 2022, [Physician #1] requested I take a picture of a stone removed from [Patient #1] with my personal cell phone. I did as requested."

On 03/08/2022, at 12:10 PM, Physician #1 was interviewed. Physician #1 stated, "On 01/28//2022, I requested [RN #1] take a picture, of a patient's removed gallstone, with her personal phone."