Don't know what accusations you are now making since I did make it clear when a hospital or even the state says there will not be any information shared about patients in public be it in an elevator or on the internet they mean everyone from nursing to dietary. They do not single out just "one person" and not the rest. They mean everybody who works with patients in that state and the hospitals enforce the regulations or face penalties themselves. The patient privacy acts should apply to everyone who has patient contact and not just singling out one group. So get over being offended unless you can show me where EMS is exempt and not part of a health care profession which does patient care. Yes I do know there are several examples where it is very lax when it comes to EMTs and Paramedics describing patient injuries after a dramatic rescue to the news media so maybe there is an exemption there. I have not seen a nurse come out of the ER after a newsworthy patient has arrived to give an interview to the press. Doctors and hospital reps come out only after consultation with family and the hospital attorneys.
That said (harrumph), I basically agree with you. Although some cases have been made for exceptionally repulsive stuff being an amendment right, being unprofessional or presenting matter which injures the company /agency or its clients and employees can rightly get you fired and make it darn hard to get hired elsewhere. It could even lead to loss of license or certificate (doesn't yours have a clause about "moral turpitude"?).
And public employees....double that. Some states, if you are their employee you can lose your retirement investment (you get the principle back, you lose all accrued interest) for ANY felony. Gotta not only be sharp, but look sharp, too.
Now, party photos and etc., as long as they don't create a workplace issue, ought to be protected, I think. And if the workplace issue is due to someone else being upset about it, some counseling for both of you seems in order. Starting with "Grow Up".
The things mentioned should be communicated to the employees by the company. They should also post state updates and not just the "HIPAA" stuff which really does not apply in most of the situations mentioned. If your employer doesn't tell you, you should ask for written clarification. All companies should have policies now of some type. There have been enough examples of employees doing things which defy commonsense and good judgment for even the most clueless employers to get a clue. The same for employees.
I don't know of anyone who has gotten in trouble for party photos as long as they did not show drinking and having sex in uniform or in the workplace. Unfortunately there have been examples of that already which again defies commonsense to post something for the public to see which you know violates rules even without the social media aspect. It reminds me of the show "Dumbest Criminals" who videotape themselves doing the crime or the kids who vandalize, rape or beat up other kids just to post on YouTube.
The take home message is to find out what your state has to say about patient privacy and confidentiality. Your company should already have incorporated this into your policies. If they haven't, that still does not mean it does not apply if you are involved in patient care unless you can find an exemption specifically for EMS providers. Is there one for Public Safety? What about the prisoners you take care of? As far as I know we still have to follow patient privacy regulations when they are hospital patients. Is that not the same in the prison patient care setting or is that one of the rights they lose?
As for as non patient care photos and comments, you need to read your companies policies and open up the lines of communication with your employer.
The 1st Amendment has limitations. Freedom of Speech is not as broad or protected as some might think. Even back then the founders saw problems coming. Like HIPAA, it might be good for some to look up the 1st Amendment and read the original as well as the case law to see how it is interpreted. Interpretation can change but there are some consistent fundamentals. Freedom of Speech does not give you the right ignore other laws involving hate and malicious intent to do harm with words. Even unions have had to come to grip with their speeches and practices.
However, I would like to know if anyone can come up with an exemption for EMS or Public Safety when it comes to Patient Privacy as mandated by their state.
