HIPAA, FERPA and how do you inform teachers about the health concerns in their class?

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Hi everyone,

I am a new school nurse this year. The previous nurse told me that she never gave teachers a list of students with health concerns because she was "too worried about privacy" and "the teachers always leave those lists lying around", but as far as I can tell she never really told them at all.

I am trying to figure out a good way to tell the teachers about allergies, asthma, seizures, etc... in their classrooms. What do you guys do? Am I allowed to email a list to each teacher? Or is that not private enough.

Also, do you give them a copy of the student's IHP or emergency plans, so they know what the student and their responsibilities are? I am also interested in how all types of schools handle this (I am the nurse for a whole district), as I can imagine this problem would play out differently in the middle and high schools over the elementary schools.

Any advice?

Specializes in Pediatrics, Psych.

What law/regulation specifies that we cannot distribute health lists with multiple student's names on it? I'm trying to find it in writing to give to my supervisor. Is it FERPA? Ed Code? Where specifically? Thanks.

We are required by the state to make care plans for any of our students with medical conditions. Then, we must implement an emergency action plan to be given to the teachers, administrators, and bus drivers that they have. Luckily, these are all preprinted fill in the blank type forms. It's also marked in our computer system.

Specializes in NCSN.
I create an IHP for that student and email it to the student's teachers (I'm at a high school). I do not make any list and I do not tell them about a health concern without giving them an IHP.

This is what I'm planning to do next year. The previous nurse gave out lists that were marked confidential,but it still doesn't feel ok to me.

At the beginning of the year, our teachers are given a list of health concerns for their individual classrooms. I am in charge of KG and 1st graders who do not know their own medical histories, so it's imperative their teacher know about peanut/ bee sting allergies, etc...

Specializes in school/military/OR/home health.
I just purchased the Large blue book of Individualized Healthcare plans for the School Nurse and I see it as a big help, but not appropriate information to give to teachers. It would be extremely confusing. Do you create a more simple version of an IHP for the teacher to use?

When I took the classes required for school nurses in my state, we were told the IHP is for the nurse to use. We were instructed to create an EHP for staff, without a diagnosis on it, about as much information as a 3x5 card would allow. Like, "if this...do that...". We use eschool so I found it easiest to create a health alert of its own category that gives information for emergencies but no diagnosis, so then I go back and create a list of any student with that particular health alert. Then I give each grade level a list so they have it, it even works for field trips. The PE teacher and art and music teachers get a school-wide list. Now, they know what the diagnosis is if it says "if student c/o trouble breathing, send to nurse immediately", but I did not give them the diagnosis. And do they need it? Not really.

I make emergency care plans for each of my allergy/asthma/seizure/ect. kiddos. These are stored in a binder in the office and a full set goes to the principal and the specials teachers(gym, music, art, computer, library) because they see all of students in the building. The teachers each get only their students and they are kept in their sub. binders. Each ECP has the student's name and picture, symptoms to watch for, what to do in the event of an emergency, and all emergency contact info for the parents. These also go to the bus garage. The parents okay for info to be shared with the staff and I've never had anyone op-out. I also make a quick reference sheet for the lunch room of allergies-picture, first name, and allergy only. We discuss medical issues at grade level meetings with the individual teachers before school starts. I only discuss things that may end in an emergency, they don't need to know everything about everyone, even though they think they do!

Specializes in Pediatrics, Psych.

Does anybody know if there is a law, regulation or nursing code that states we cannot make health lists?

I work at two elementary schools. One school has 450 students and one has 600 students. Personally, I am not in favor of sending out health lists identifying multiple students and their health concerns. I don't want to be the person responsible for creating that list in the event it ends up in the wrong hands :) Plus, not all staff need to know all student health concerns. We know that 25% of kids have their first anaphylactic reaction school. Just because a child doesn't have known allergies doesn't mean they shouldn't be assessed for an allergic reaction.

I inform (via Emergency care plan, Individual Health Plan, or email if it's a simple FYI) pertinent staff including the secretaries, principal, teacher and PE teacher. I do not notify librarian, computer labs, etc. That's not to say that I wouldn't consider notifying them if the need arose.

Specializes in SCHOOL NURSING.
Specializes in IMC, school nursing.

An FYI, FERPA does not cover private schools who are exclusive of Dept of Education funds or grants.

Specializes in Cardiology, School Nursing, General.

I have to create a Master List, with all the names of the students who are in this school and what problems they have. The only ones not on there are the SPED students. I only send it by email to only Teachers and admin and I ask if they do not share with anyone outside of the school. What's on it:

  • The students with chronic illnesses and if they have medications in my office.
  • Next is students in other grades that have illnesses, but do not have anything in my office for them at this time.
  • Then after that I have some instructions on CPR and how to put a Epi-Pen.
  • Next, I have a list of students with Serious illnesses and/or allergies that must be checked by me and what they should do in case of emergencies (Diabetes type 1 student, etc.)
  • Then after that I have a list of students who are immuno-compromised or are exempted for immunizations and told them that if there's a epidemic here at school or illness that needs immunizations for, they are to be sent to my office and be taken home STAT.

Specializes in IMC, school nursing.
I have to create a Master List, with all the names of the students who are in this school and what problems they have. The only ones not on there are the SPED students. I only send it by email to only Teachers and admin and I ask if they do not share with anyone outside of the school. What's on it:

  • The students with chronic illnesses and if they have medications in my office.
  • Next is students in other grades that have illnesses, but do not have anything in my office for them at this time.
  • Then after that I have some instructions on CPR and how to put a Epi-Pen.
  • Next, I have a list of students with Serious illnesses and/or allergies that must be checked by me and what they should do in case of emergencies (Diabetes type 1 student, etc.)
  • Then after that I have a list of students who are immuno-compromised or are exempted for immunizations and told them that if there's a epidemic here at school or illness that needs immunizations for, they are to be sent to my office and be taken home STAT.

Your administration is in violation of FERPA. You could be a hero and point this out so they don't lose their charter. I would come at it from a funding standpoint. Good luck.

Specializes in SCHOOL NURSING.

In addition, students with allergies are not included in FERPA, as everyone needs to know who they are.

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