Re: Sharing students' medical info with teachers
Are you in a public school?
If yes, you are covered by FERPA, not HIPAA. FERPA allows you to share information with anyone in the school who has a "legitimate educational interest" in the child, but only the amount of information needed to provide a safe environment and those aspects that affect learning. FERPA allows you to do this, but does not obligate you to share and many districts ask the parents to sign an authorization to release information internally. The Pediatrician is asking because if affects their ability to share information with you. You should be using a HIPAA Compliant release form to get information form any HIPAA covered entity and many providers are reluctant to share information with schools as the level of security and confidentiality in some schools is far below HIPAA standards, and often far below FERPA standards. HIPAA was modeled after FERPA, but many who handle sensitive information in schools never heard of FERPA until HIPAA came along. They are very similar laws.
Schwab, N. C., Rubin, M., Maire, J. A., Gelfman, M. H. B, Bergren, M. D., Mazyck, D. & Hine, B. (2005). Protecting and sharing student health information: Guidelines for developing school district policies and procedures. Kent, OH: ASHA.
www.ashaweb.org
Bergren, M. D. (2004). Privacy questions from practicing school nurses. Journal of School Nursing, 20, 296 - 301
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Bergren, M. D. (2001). HIPAA hoopla? Journal of School Nursing, 17, 336 – 340.
Bergren, M. D. (2001). The facts about faxing. Journal of School Nursing, 17, 274 – 275.
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National Forum on Education Statistics. (2004). Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies, NCES 2004–330. Washington, DC: National Center for Education Statistics
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2004330 (FREE)
Schwab, N. & Pohlman, K. J. (2004). Records: The Achilles heel of school nurses. Answers to some bothersome questions. Journal of School Nursing, 20, 236 – 241.
Schwab, N. (2003). School nurses role in education privacy standards for student health records. National Association of School Nurses,
www.nasn.org
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