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. Once the Board summons you regarding patient confidentiality issues, you need the help of a nurse attorney for the defense.
At the time of the incident, she was employed as an RN at a hospital in Pasadena, Texas, and had been in that position for two (2) years and five (5) months.
On or about September 29, 2020, through September 30, 2020, while employed as an RN at a hospital in Pasadena, Texas, RN inappropriately accessed the electronic medical records of three different patients, who were not her assigned patients, and without authorization. RN’s conduct exposed the patients unnecessarily to a risk of harm from use, accessing or disclosure of their confidential medical information without their written authorization and placed the facility in violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response, RN states that she was accessing patients records to assist patients and without malicious intent.
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)(C).
As a result, the Texas Board of Nursing decided to place her RN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.