HIPAA Violation?

Nurses HIPAA

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You all know the patient's family member that starts to rail against you and declare they are some nurse, from some hospital, from some random department and demands you do things the way they want it done.

I've looked all over and never found a solid answer. I'm curious though, much like if someone identifies themselves as a police office, they have to show identification. If a family member identifies themselves as a nurse, is it in your right to look them up on BON or is that a HIPAA violation? Just curious is all.

1- Why bother?

2- Who cares? In the words, even if it was a violation, and it's not, so what? Who would know?

I might do it as well, just out of curiosity.

Specializes in Dialysis.

It doesn't matter what license they hold, where they work, how they do it, etc. If the person don't work at your location, in your dept, with your protocols and supplies, then direct them to your manager. Every facility is different, and even some facilities in the same company have varying rules depending on different factors (costs, availability, etc). Someone who is trying to bully you with this behavior most likely won't listen to you, but usually (not always) will listen to a manager. And the manager can always soft chart issues in the case of troubles (bad review, etc) later,

Specializes in ORTHO, PCU, ED.
Ehhh, the curiosity gets the best of some people. Honestly, if I had a family

member being a total jerkface and saying "I'm a nurse, dammit!", I'd probably

look them up too.

Cuz a lot of times you found out later they were thinking about going to nursing school lol

HIPAA refers to the private HEALTH information of the PATIENT, not the professions of family members of said patient. The information found on the BON is neither PRIVATE, nor is it HEALTH information of the PATIENT.

No HIPAA violation whatsoever to access information in a public database. Why one would want to do it, or whether or not it is a good idea to do it is irrelevant to the question asked in the OP.

Information on the BON website is public knowledge. As is what is available through services such as Nursys (submitted by state BONs). As a nurse, I have the expectation that super personal information (SSN, address, etc) won't be shared. Every state I've been licensed in lists full legal name, date of issue, expiration date, current status, any discipline info and if a compact state it will list if there are restrictions on reciprocity. You could look up any of your coworkers, or the providers you work with. Is there reason to? Most likely not.

Don't like that? Make sure you don't work for a state organization... More than what you'd think is publicly available after a simple request. My first health care job was a state hospital - and so much of our personnel file was essentially considered public information. Without there being a question of performance or legal action pending...

Most nurses have done this when a close family member is receiving care..... You just have to be nice about it....

You all know the patient's family member that starts to rail against you and declare they are some nurse, from some hospital, from some random department and demands you do things the way they want it done.

I've looked all over and never found a solid answer. I'm curious though, much like if someone identifies themselves as a police office, they have to show identification. If a family member identifies themselves as a nurse, is it in your right to look them up on BON or is that a HIPAA violation? Just curious is all.

All of that is wasting time and playing games. It's not like I'm going to throw up my hands and do what they're demanding if the BON search proves they have a nursing license. I really do not care if they're a nurse or not, except to the extent that *I* might be able to serve them and the patient better by knowing or better incorporate them into the careplan on terms that are preferable to them, for example using nursing language rather than lay terms if they prefer.

If a family member rails against me and demands I do certain things because they're a nurse, I will evaluate their preferences and recommendations and accommodate them if it is reasonable and within policy to do so, and if they are in the patient's best interest. Otherwise - - I will immediately turf it to someone who has the time and authority to handle it.

Specializes in PICU.

OP:

Why do you want to look then up? I have had family tell me they are a nurse, MD, etc. I do not have the time or the desire to actually verify if they are.. It doesn't matter to me as anything they requested would still need to be ordered, verfied, etc by our team. Licenses are public information, I guess if I really wanted to anyone can... I think I would have to have something that truly necesitated it as I would need to know there first and last name on their license and that may be difficult to get.

Specializes in Medsurg/ICU, Mental Health, Home Health.

Not. Everything. Is. A. HIPAA. Violation.

Specializes in Critical Care.

how is her license connected to her medical records?

It's public information, however, I'm not sure what the purpose of looking them up would be. If you are there nurse in the hospital, or whatever facility, you and the patient's MD will be doing their care, not them. And of course many say they are nurses and are not, so proving them wrong won't do anything. Best thing is to take their "education" or advice with a grain of salt, knowing you're on your assignment with their family member per their MD.

Specializes in Pediatrics, Pediatric Float, PICU, NICU.
Not. Everything. Is. A. HIPAA. Violation.

This times a thousand. It amazes me the amount of medical professionals, especially nurses, who do not understand the very basics of HIPAA.

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