The penalty for using Facebook or a cell phone at work can be more than termination. Last month, an Oregon jury convicted Nai Mai Chao, a nursing assistant, of misdemeanor invasion of personal privacy for taking disturbing photos of elderly or disabled patients and posting them to her Facebook wall. She spent eight days in jail for taking graphic photos of patients using bed pans and posting them on Facebook. The pictures show at least two patients—one of a patient lying down and another of the back of a patient’s head. The rest of the pictures are the contents of bed pans. Chao denied taking the photographs, but admitted to posting them. She surrendered her nursing certificate in January, and was fired from the Regency Pacific Nursing and Rehab Center in Gresham, Oregon.
In addition to the jail time, Chao was ordered to write a 1,000 word apology to a patient that “should be an insightful look at why the defendant did what she did.” If the essay doesn’t meet that standard, she could be charged with violating her two-year probation. She is also forbidden for two years from working in a job that would require her to care for children or the elderly.
To prevent rampant, inappropriate use of mobile devices and social media in the health care facility setting, we advocate implementing a policy on social media and a policy on the use of mobile devices, especially those mobile devices with camera capabilities.
Should you have any questions, please contact your regular Hall Render attorney.
