Published Dec 21, 2016
Daisy321
1 Post
I went to a detox facility to help me stay clean after withdrawing from a medication but made the mistake of saying I was a nurse working with a vulnerable population. The nurse taking care of me at the time is now saying if I don't report myself to IPN within one week she will because she's required by state law. Does HIPPA law protect me? The place I went to has all my records, but I am currently clean and will remain clean if I would be required to take a test.
Twoyearnurse
510 Posts
Unfortunately yes, she can disclose that because it is her duty to do so. At least this is true in my state.
Sally87
29 Posts
I'm not sure about the legalities! I just wanted you to know that you are not alone and I'll keep you in my thoughts/prayers!
poppycat, ADN, BSN
856 Posts
I'm confused by your last statement. Do you mean if you're not required to take a test, you won't stay clean? I don't intend to sound mean, I just don't get this statement.
As far as I know, yes she can report you.
pigginsrn
58 Posts
That is terrible and I can't imagine how it is not a HIPAA violation. As a psych nurse I have cared for nurses detoxing from drugs and alcohol and know of no such requirement. What a deterrent to getting help.
1jewel, ADN
24 Posts
That's why we have Hippa, isn't it???i I wouldn't think she would be able to report this. Wouldn't that be a hippa violation???
elkpark
14,633 Posts
In all the states I've practiced in over the years, the BON rules have always included something about how nurses are obligated to report impaired or otherwise unsafe nurses, and, if you know someone is practicing in violation of the rules and don't report it, you can face discipline yourself if that's found out. I just checked and the PA (where I live now) BON rules say that part of the RN's responsibility is to safeguard clients from "the incompetent, abusive or illegal practice of any individual" and that an RN may not "knowingly aid, abet or assist another person to violate or circumvent a law or Board regulation."
Addiction does not mean practicing impaired. You can be addicted and not use while practicing.
Northof49thRN
5 Posts
Stay strong! My thoughts are with you.
Hey Daisy! Just wanted to check on you and see how you are holding up???
RN2364
I work in an inept detox facility and treat nurses, physicians,and dentists on a daily basis. I never report on any of them but I do recommend they self report. From what I have seen the BON etc is easier to deal with if you self report ...
ProgressiveRN
This actually happened to me. HIPAA can be overridden for certain groups. Last year the state that I live in, CT, passed a law mandating that all healthcare facilities and practitioners must report other practitioners, even if they are patients, who they suspect are impaired in some way. They can even be reported for mental illness. This is from my state's department of public health:
Effective October 1, 2015, any health care professional or hospital shall file a petition if that hospital or health care professional has any information that appears to show that a health care professional is, or may be, unable to practice his or her profession with reasonable skill or safety for any of the following reasons:
Physical illness or loss of motor skill, including, but not limited to, deterioration through the aging process;Emotional disorder or mental illness;Abuse or excessive use of drugs, including alcohol, narcotics or chemicals;Illegal, incompetent or negligent conduct in the practice of the profession of the health care professional;Possession, use, prescription for use or distribution of controlled substances or legend drugs, except for therapeutic or other medically proper purposes;Misrepresentation or concealment of a material fact in the obtaining or reinstatement of a license to practice the profession of the health care professional; orViolation of any provision of the chapter of the general statutes under which the health care professional is licensed or any regulation established under such chapter.