TikTok Live Incident Results in Termination and Board of Nursing Investigation
A registered practical nurse who livestreamed a med pass on TikTok has been terminated from her position and now faces a Board of Nursing investigation over a potential HIPAA violation. Sharing protected health information on social media without patient authorization is a violation of the HIPAA Privacy Rule. The HIPAA Privacy Rule generally limits uses and disclosures of protected health information (PHI) to those required for treatment, payment, and healthcare operations. Other uses and disclosures require authorization from the patient.
If a HIPAA violation is discovered, it can have serious implications for a healthcare professional. At best, it will likely result in a verbal or written warning, although for disclosures of PHI on social media, termination of employment is a likely outcome. The negative consequences do not end there. Licensing boards may launch investigations, and if a HIPAA violation is confirmed, a healthcare professional could receive a reprimand or sanction, financial penalty, or a temporary or permanent loss of licensure. Even if there is no HIPAA violation, sanctions are possible on the grounds of unprofessional or unethical conduct. Criminal charges are also a possibility for a HIPAA violation or violation of state law, which may result in a fine and even jail time. You can read more about social media in healthcare and HIPAA and social media in previously published HIPAA Journal articles.
Some social media platforms, such as Facebook and TikTok, support livestreaming, where users can record videos and have them posted to their social media accounts in real-time. Depending on the account settings, the video recordings may just be shared with the user’s contacts, but livestreaming content is often available to all. Livestreaming at work carries a huge risk of an accidental HIPAA violation, such as accidentally recording video footage of documents containing PHI, computer screens showing medical records, or patients themselves.
One recent livestreaming incident serves as a stark warning to healthcare professionals on the dangers of social media use at work. Last month, a registered practical nurse livestreamed a video of herself at work during a med pass. During the TikTok Live, the nurse, Yazz Scott, was preparing medications. She did not film any patients, and claimed not to be showing any patient information; many viewers posted comments in real-time warning the nurse that she was violating HIPAA. At least one commenter warned her that she risked losing her medical license by livestreaming.
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Viewers’ concerns were dismissed by the nurse. “I’m not showing any patient information, so just relax,” she explained, going on to say, “If y’all see some patient information, then just holler, but I’m not showing nothing, I’m just at work, so just chill. Sit back, you know, relax… Y’all suck the fun out of everything. Damn!” She also claimed that she was well aware of HIPAA, having been in the healthcare field for a very long time.
While the nurse did not believe she was sharing any patient information, she was opening medications, and some patient information was visible, albeit barely discernible, and while filming, a patient’s name was spoken on more than one occasion. The nurse also filmed herself making a medication error, potentially due to a lack of concentration from filming and reading comments. After using her teeth to open the packet, she administered a lidocaine patch to a patient at the wrong time. She realized the mistake and went back into the patient’s room and removed the patch, but the medication error was clear and had been livestreamed.
The post was widely shared, so it was inevitable that complaints would be filed with her employer and the state Board of Nursing. In a subsequent TikTok Live, the nurse explained that she had only graduated from nursing school the previous summer. She apologized and accepted that she had made a grave error, one that resulted in her being suspended from her position and later terminated. She was also reported to the state Board of Nursing, which has opened an investigation into the medication error and a potential HIPAA violation. The recording has been deleted from the nurse’s TikTok account, but copies have been shared and are still available online.
The incident should serve as a warning to all healthcare professionals of the dangers of livestreaming on social media networks in the workplace. While there is nothing wrong with sharing healthcare experiences on social media for advocacy or educational purposes, there is a considerable risk of a HIPAA violation when recording video content in the workplace. Even if care is taken and no patient information is disclosed, live streaming or other social media use can be a distraction that could easily result in a medication error or sanction for unprofessional conduct.
