Testifying against someone- this took place before I was technically a nurse

meanmaryjean, DNP, RN · Oct 11, 2017

You weren't a nurse and you.weren't acting as.one during this event. HIPAA does not apply.

bear94, BSN, RN · Oct 11, 2017

That's what I thought, I just know that lawyers can be unforgiving and I wanted to make sure I knew my rights and how to protect myself.

JustBeachyNurse, LPN · Oct 12, 2017

You can always say no thank you

FolksBtrippin, BSN, RN · Oct 12, 2017

A close friend of mine is in a custody battle with his ex. She is extremely unstable and unfortunately suffers from a multitude of psychiatric issues. Recently, she kidnapped their child and the child was found in filthy conditions. She is safe now with her father.
In June of 2016, before I was technically a nurse (I was taking NCLEX around this time), I brought the woman in subject to the emergency department I now work at (I was not an employee at the time). She was psychiatrically evaluated, and was admitted to a psychiatric facility for a week afterwards. After that event, she abandoned her child for months with hardly any contact with the father or child. The father (my friend) has asked me to provide a statement for court about the time I brought her to the emergency department to be evaluated.
I want to help him, but I am nervous about this being a HIPAA violation since I am a nurse now.

You absolutely should not offer this info willingly. Say no and add that if it is really that important, the judge can subpoena you. If the judge does subpoena you, contact the legal department of your employer for advice.

On a similar note... never, ever, ever get involved in someone else's custody battle.

FolksBtrippin, BSN, RN · Oct 12, 2017

You weren't a nurse and you.weren't acting as.one during this event. HIPAA does not apply.

HIPPA applies to non-nurses.

meanmaryjean, DNP, RN · Oct 12, 2017

HIPPA applies to non-nurses.

The situation has nothing to do with her employment. HIPAA does not apply. If you read the original post, all she did was take someone to the ER. She NOW works there, but did not at the time of the incident. She is no more bound by HIPAA than is anyone who takes someone to the ER.

JKL33 · Oct 12, 2017

HIPPA applies to non-nurses.

HIPAA applies to what "covered entities" can do with PHI and one is not subject to it unless a covered entity, an employee performing a role on behalf of the covered entity, a business contracting with the covered entity, etc. The OP's role in this did not fall into any of those categories. HIPAA literally has nothing to do with what the OP is proposing.

The bigger question, to me, is why be involved with others' mess? What information will the OP share that is not already part of the submitted facts of the case?

/username, BSN, RN · Oct 13, 2017

HIPPA applies to non-nurses.

No it doesn't. It only applies to covered entities, and individuals employed by them.

HIPAA is also very restrictive - not every piece of information about a patient or every situation is covered by HIPAA.

If you're going to make bold statements, at least get the acronym right.

brownbook · Oct 17, 2017

No you don't want to lose your license or job over this, BUT I refuse to believe that giving a statement to a judge and lawyers about bringing a friend's wife to the ER when you were not a even a nurse is a HIPAA violation.

Why are posters telling her to not get involved? With friends like that he doesn't need enemies!

I get soooooo angry when some stupid vague maybe policy gets in the way of human decency, common sense, and friendship. I'd do it in a heartbeat and HIPAA be dammed!

FolksBtrippin, BSN, RN · Nov 5, 2017

No you don't want to lose your license or job over this, BUT I refuse to believe that giving a statement to a judge and lawyers about bringing a friend's wife to the ER when you were not a even a nurse is a HIPAA violation.
Why are posters telling her to not get involved? With friends like that he doesn't need enemies!
I get soooooo angry when some stupid vague maybe policy gets in the way of human decency, common sense, and friendship. I'd do it in a heartbeat and HIPAA be dammed!

I will explain.

I don't think it is commmon human decency to get involved in a friend's custody battle. Custody battles are ugly, disgusting things. A true friend who knows anything about custody battles would encourage the friend to agree to joint custody. If CPS decides that the other parent is unfit, then let them do their job. It should never be a friend's job to tell a judge that an ex is a bad parent. They are totally unqualified for that. And if you are using health info to make that determination you are absolutely risking your credibility.

I also think that the fact of a mother needing and receiving emergency health care ought not be in play during a custody battle. It's not relevant. And its not decent for someone whom she trusted to take her to get that care to spread that info, Hipaa violation or not.

If you see oe suspect a kid being abused or neglected you call CPS. Then you let them handle it. They are the investigators and judges in that situation.

When a friend is going through a divorce and they accuse the ex of being a horrible parent and insist it ia abuse you advise them to call CPS. You don't offer to tell a judge about that time you took ex to the hospital because she nÃ©eded a psych eval.

If CPS thinks the psych eval is important they will get that info.

Having been through a custody battle myself, having cared for kids in inpatient psych who are going through a battle and also kids who have been neglected and abused, that is my position.

Sorry for misspelling hipaa.