Personal Medical Records

  1. Hi,
    I was wondering if any of you can factually weigh in on this scenario. Several months when I worked in the role of a nurse supervisor another nurse made an allegation that I had asked her to steal a non-narcotic medication - zofran. What had happened was that another nurse from another unit was sick, uninsured, and too broke to go home or to go and see a physician. I had asked her, being new to the state and the facility, if she had any idea how to help and that all this girl probably needed was some zofran.
    I was placed on a paid suspension - which apparently in this state requires reporting to the board. Given that it was her perception of the situation and the fact that no medication was ever taken out nothing further happened, though I resigned.
    The board of nursing forwarded me copies of those events and asked for a statement that I had sent. Today I got "additional information to which you may chose to respond" which included a detailed account of every script I had filled for two years back - I am on ADHD meds, thus scheduled.

    A. HOW!? Is this legal for the board of nursing to somehow have access to my medical records from two different states?
    B. What could they possibly want to achieve with this? I had always gone to a single provider, there is no variation in my records and ... basically everything is the way it is supposed to be ... so what does this even mean?
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    About tristanfall

    Joined: Nov '16; Posts: 1

    2 Comments

  3. by   crazin01
    wow, talk about poorly understanding a comment (the nurse who made the allegation, not you!) I don't see quite how she made that leap/very big assumption.

    I've never had experience with this type of situation, but I can imagine the BON is taking your resigning the position as an assumption of guilt, which is completely ridiculous. What reason did you give to your previous employer, for resigning? Were they threatening termination or further disciplinary action? Did their investigation yield any type of 'final report' or something that could be sent to the BON, stating you did not do as accused?

    I will say, the BON is not the nurses friend. It is their job to protect the public & patients, and unfortunately, sometimes it seems your guilty until innocent. Just in my personal experience/others I've known of. That said, the form you received stated you 'may choose' to respond. Again, in my experience, the choice is eventually removed, after they hear nothing for 9 months, and then the situation seems to snowball.

    It may seem silly, but have you spoken to an attorney/union rep at the facility (if they have one)? I would think about consulting with an attorney well-versed in BON issues and go from there. I would not want to disclose my personal medical history and medications to the BON, even with nothing to hide. It's just the principle sometimes. The fact that they've already gone & gotten your medical records, um, I guess they are allowed, because you're a nurse and they are the nursing board??? I cannot get my mind around that. It does seem a very big violation and certainly a hippa issue but I am just wondering if they do legally have the power to obtain your info without your permission....

    I wish you luck, however it goes. And although I am curious about certain questions and how this will play out, if things do continue and you speak with an attorney, I believe you will be instructed to not post/mention online or to many others.
    It is truly unfortunate somebody simply misinterpreted your statement, made a goofy assumption and now you're being made to seek new employment and possibly legal actions. Best wishes...
  4. by   Here.I.Stand
    I wonder if they got the info through the state's Rx tracking program -- the one pharmacists report dispenses to, referred to by the little signs at the pharmacy counter?

    What I want to know is why Zofran was ever brought up regarding this sick nurse. Why wasn't she sent home so she could use that tincture of time/rest that is the treatment for GI viruses?

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