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The conversation between the mother and the guard after she photographed her son during a doctor's appointment is alarming.
A mother had taken her seven-year-old son to a doctor’s appointment in Mercy Hospital in Springfield, Missouri; one of many visits her son must go through because he is going deaf.
Mandi Kay Wilson takes photos of her son during these visits to post online, part of a Go Fund Me campaign to help raise money for her son’s medical expenses. But last week, the audiologist berated her for taking photos, insisting that it was against policy to photograph her son in her office.
The doctor then admitted she was upset because a framed picture of her daughter had come out in the background of one of Wilson’s previous photos posted online. And you know how weird people get about their kids being photographed. But to freak out over a photo of a photo? One that she evidently was proud to display in her office?
It get worse …. The doctor called a security guard, who told her she had no right to photograph her son because of the federal HIPAA law, which is a huge misconception we’ve seen played out many times over the years by cops, paramedics and hospital staff.
HIPAA laws pertain to the privacy of medical records and has nothing to do with photography or videography in hospitals, especially of your own relative (patients with an expectation of privacy should not be photographed against their will but that wouldn’t fall under the HIPAA law).
Transcript of the conversation under the video. Read more on PINAC.
Guard: How many pictures do you have on your phone right now that were taken on property?”
Mother: “I don’t know.”
Guard: “Okay, um, could I see those please?”
Mother: “No.”
Guard: “Okay, here’s what is going to happen if you do not cooperate. I am going to have to escort you off the property.”
Mother: “Okay.”
Guard: “We will trespass you and they will probably fire you as a patient.”
Mother: “That’s fine, I’m already going to withdraw from Mercy that’s okay.”
Guard: “Okay, um, I need to see your identification.”
Mother: “Are you security? What’s it for? I’m going leave.
Guard: “It’s for legal, I need to see identification.”
Mother: “What kind of legal purposes?”
Guard: “I have to do a report on this because your being trespassed.”
Mother: “I’m trespassing for what?”
Guard: “You are being trespassed for violation of HIPAA.”
Mother: “I didn’t know I was trespassing, I had no idea.”
Guard: “Well, I am informing you now… you are being trespassed if you come back on this property you will be detained and taken to Greene County Jail.”
Mother: “Because I took a picture of my son!? I was unaware that I couldn’t take a picture of my son on my phone.”
Guard: “Well now you know and you are not cooperating because you won’t let me see your picture.”
Mother: “That’s personal property.”
Guard: “It may be personal property, but it’s taken on these premises, which is my property.”
