Getting Caught in the Legal Net of Social Networking

Abstract

To some nurses of a certain age and/or aptitude, terms such as Twitter, blog, and Facebook are part of their native tongue. For others, these terms are part of a foreign language that they struggle to comprehend. However, no matter how familiar or foreign the Internet and social networking sites are for nurses, many are making bad professional judgment calls that are leading to termination from employment, discipline by their licensing boards, and even embarrassment in the witness seats at trials. There are several common legal complaints that may be made against a nurse who uses social networking sites in an inappropriate manner. These include defamation, violation of the Health Insurance Portability and Accountability Act (HIPAA), and violation of a state’s nursing practice act or a licensing board’s rules or regulations. Whereas many employers now have policies and procedures to guide their nurse employees as to what the employer considers acceptable use of social networking and the Internet in the workplace, these policies can vary widely as to what is viewed as appropriate. In one facility, a nurse-employee may be instructed that while at work he/she may not have any access to his/her personal smartphone, at another facility the proscription may only involve not using personal phones while at the patient’s bedside or in the patient’s room. Similarly, Internet access may be very restricted for employees in one facility and virtually without restriction at another facility.