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 Board summons you, you will need the help of a nurse attorney for the defense.
At the time of the initial incident, he was employed as an RN with a medical center in Odessa, Texas, and had been in that position for three (3) years and four (4) months.
On or about August 21, 2017, through September 30, 2017, while employed as an RN with a medical center in Odessa, Texas, RN sent photographs and confidential health information of Patient A to a family member without the patient’s consent through text messages. RN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of their confidential medical information without their written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
On or about January 1, 2018, while employed as an RN with a medical center in Odessa, Texas, RN inappropriately accessed Patient B’s medical records without authorization. RN’s conduct exposed the patient unnecessarily to a risk of harm from use, accessing, or disclosure of her confidential health information without her written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response, RN states a co-worker sent him a photograph of Patient A, and his wife accessed the photograph through his iCloud. RN admits he accessed Patient B’s medical records without authorization.
The above actions constitute 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)(A),(1)(B),(1)(C),(4),(6)(G),(8),(10)(E)&(11)(B).
The RN’s actions were grounds for violation and thus the Board decided to subject the RN to disciplinary action. The result could have yielded a different outcome for the RN if only he had hired a nurse attorney for the defense.
If you’ve ever done any errors or misdemeanor outside or during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Texas Nurse Attorney Yong J. An, an experienced nurse attorney who represented more than 200 nurse BON license cases for RNs and LVNs for the past 16 years, can assist you by contacting him at (832) 428-5679.