HIPAA violation or not?

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I was recently at a hospital with a group of nursing students and one of them was dictating into a digital recorder 1) Medical Dx of patient. 2) Rx related to the treatment plan. 3) Lab values on CBC, and CMP. The student did not record any private information like MRN, name, initials, or even room number.

What do you think, was this student in violation of HIPAA?

If so what would you do?

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Is this homework?

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Specializes in Med-Surg.

Doctor's, radiologists and ARNP's dictate all the time and it can't always be done in private. The student was probably just dictating instead of writing everything down. Everyone has their own way of doing their work. It's not as if she was a reporter sneaking information to be published in a paper, it was probably his/her patient. Sometimes they present this information to the other students, but if you feel compelled to do something you might mention to the instructor that the student was dictating in front of others and too loud. Don't make it a big HIPPA issue.

In my opinion.

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Specializes in Peds, Med-Surg, Disaster Nsg, Parish Nsg.

Moved to General Nursing Student forum.

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what's the main purpose of hipaa? protecting personal health information from those who have no right to it. if she lost that tape on the bus, could someone listen to it and connect the info in any way to an identifiable person? no? there's your answer.

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Is this homework?

Not any assignment. Just putting it out there for discussion. This actually happened to a nursing student at my school.

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what's the main purpose of hipaa? protecting personal health information from those who have no right to it. if she lost that tape on the bus, could someone listen to it and connect the info in any way to an identifiable person? no? there's your answer.

my very same point that was argued for the student. there was no personal information that could be used, but this person is sadly getting raked over the coal unjustly in my opinion from the faculty. too often we don't even understand the laws we are supposed to be safe-guarding. hopefully if you read this post you will seriously look-up the hipaa section regarding privacy, and share your comments.

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Specializes in Trauma, Teaching.
My very same point that was argued for the student. There was no personal information that could be used, but this person is sadly getting raked over the coal unjustly in my opinion from the faculty. Too often we don't even understand the laws we are supposed to be safe-guarding. Hopefully if you read this post you will seriously look-up the HIPAA section regarding privacy, and share your comments.

I don't need to "seriously look up the HIPAA". But all of that is the information that I expect my students to go get when prepping for the next day's clinical, written down and put into their prep sheets. Can't see a difference in written or recording.

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I don't need to "seriously look up the HIPAA". But all of that is the information that I expect my students to go get when prepping for the next day's clinical, written down and put into their prep sheets. Can't see a difference in written or recording.

I have looked-up the 18 points in the privacy section of HIPAA and I am still unable to see how this would be deemed as a direct violation. Yet, this student is being disciplined and they are throwing the books at them so to speak. I would not be surprised if suspension is soon to follow. You being an educator what is your thoughts? What should happen to this student?

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Specializes in Maternal - Child Health.

Is there a policy @ your school that forbids the use of electronic devices to record data?

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Is there a policy @ your school that forbids the use of electronic devices to record data?

They may have, but this student is being charged with HIPAA violation in-stead of breaking electronics policy.

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It might not be a hippa violation, but I know that at my school I'd be a violation for carrying an electronic device that's capable of recording. In my programs students aren't allowed to carry anything that records at all.

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