Confidentiality in a patient’s health information is very important. It is also the obligation of any health professionals who have access to the information to not expose or disclose any of it to anyone. Confidentiality is also about privacy and respecting someone’s wishes. But if an RN breaks that, the Board may put you into disciplinary action. Once the Texas Board of Nursing summons you, you need the help of a nurse attorney for the defense.
At the time of the initial incident, she was employed as an RN at a pediatric healthcare facility in Laredo, Texas, and had been in that position for three (3) years.
On or about June 13, 2020, through June 19, 2020, while employed as an RN at a pediatric healthcare facility in Laredo, Texas, RN inappropriately accessed the medical record of a patient, multiple times for reasons other than patient care and/or job-related functions. RN’s conduct violated patient confidentiality and was in violation of the Health Insurance Portability and Accountability Act (HIPAA).
In response, RN admits that she has made the error of accessing a chart, actually many charts, over the course of her seven years at the pediatric healthcare facility that was not her actual patients, but she did so unknowingly and unintentionally. EPIC has what RN calls a “half-screen” up and down arrow. RN explains that she would have the half screen up on her screen thinking she was protecting PHI and since RN didn’t double click on the chart, she did not realize she was in fact accessing the chart. RN states when she was shown the information gathered on one patient during the investigation into her conduct, she was shocked. RN claims as soon as she was made aware of the fact that she was accessing charts with the half screen usage, she immediately stopped.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(1)(E) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(1)(C).
However, without valid evidence to defend her side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas nurse attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the RN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right nurse attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.