Social media is a wonderful tool that allows us to stay connected with friends, post updates, and can even help to push our careers forward. However, if you’re a nurse, then it’s important to be mindful of the potential impact that your social media posts may have. In some cases, what you post on your Instagram, Facebook, and TikTok accounts could land you in hot water — and even potentially result in losing your nursing license. There have been many instances of nurses fired for social media posts, and given the ubiquity of social media these days, it’s something that’ll happen in the future too.
Don’t become another of the nurses fired for social media posts. In this post, we’ll outline everything nurses need to know about the risks of posting on social media, including the potential consequences and what you can do to protect yourself.
Social Media Risks
Nurses are free to have social media accounts. And indeed, they should! There are plenty of advantages to using social media, both for professional and personal reasons.
However, it’s important to be mindful of the risks that social media poses. Or rather, the risk that what you post can pose. While you might be innocently uploading a photograph for your friends and family to see, you may inadvertently be breaking the Health Insurance Portability and Accountability Act (HIPAA) if you post anything that could contain Protected Health Information (PHI).
For example, if you post a selfie with a patient’s chart visible in the background. Nurses can find themselves in trouble even if the individual post doesn’t contain any obvious protected health information — for example, a nurse could post one month about working in accident and emergency, the following month mention the name of the hospital, and then later discuss a famous case they were involved in; even if they didn’t mention the name of the patient, the level of information (location, department, case details) could lead someone to figure out which patient they’re talking about.
Legal Consequences
It doesn’t matter whether a nurse intentionally violated HIPAA or if it was an accident; all violations are taken seriously by the Texas Board of Nursing.
If the nurse is found to be guilty, then they could face significant professional and legal consequences. These can range from anything from a reprimand to possibly even jail time in extreme cases. Needless to say, any nurse who posts HIPAA-related content on their social media accounts will be taking a massive risk. It’s not an exaggeration to say that losing their job and their nursing license is a real possibility.
Protecting Your Career
As we’ve seen, social media has the power to change a nurse’s life — and not always for the better. A single ill-thought social media post could have long-lasting ramifications that impact your professional future.
The easiest way to avoid getting in trouble because of social media posts is to avoid using social media. But the popularity of social media — some 240 million Americans have accounts — means that isn’t always a desired path.
Of course, nursing and social media can, and even should, mix. It’s just important to be mindful of the potential consequences of social media use and to take steps to reduce the likelihood of anything going wrong. Some handy tips for protecting yourself on social media include:
- Think twice before you post
- Always adhere to HIPAA
- Avoid connecting with present/former patients.
- Don’t post negative content about your employer/colleagues/profession.
- Review your employer’s social media policy.
Nurse Lawyer Assistance
It can be disconcerting and stressful to receive notice that you’re being investigated by the Texas Board of Nursing for a potential social media violation. If you receive notice of an investigation, it’s recommended that you seek legal help immediately. Here at Texas Nursing Lawyers, we have extensive experience in helping nurses just like you fight for their careers.
Remember that the Texas Board of Nursing isn’t on your side. As such, anything that you say may be unknowingly used against you, decreasing your chances of receiving a favorable outcome at the end of the investigation. Hiring a nursing lawyer will ensure that your interests — protecting your license and career — are protected.
Online Professionalism
You don’t necessarily need to post something that violates HIPAA for a social media post to impact your career. Remember that what you post is largely public, even if your accounts are set to private. If you post content that is unprofessional or that casts you in a negative light, then there’s a chance that it impacts your capacity to progress in your career. Employers are increasingly looking at social media profiles to determine who may be appropriate for recruitment/promotion. As such, ensuring that your profile presents a positive image may help with your career.
Legal Rights for Nurses
No nurse wants to hear that they’ve been accused of a HIPAA violation. However, keep in mind that you’ll have an opportunity to present your side of the argument — and that argument will be much strengthened if you work with an experienced nursing lawyer. There are a number of defenses that a legal expert can utilize to increase your chances of success.
Social Media Policies for the TBON
The Texas Board of Nursing adheres to strict social media policies. The most pressing policies are as follows:
- Nurses have an ethical and legal obligation to maintain patient privacy and confidentiality on social media.
- Nurses must maintain professional boundaries on social media.
- Nurses may not make offensive comments.
It’s possible for a nurse to accidentally fall foul of these policies. If you’ve been made aware of a TBON investigation due to your social media posts, then get in contact with Texas Nursing Lawyers today by calling (214) 384-1902 or by filling out the contact form on this page.