Published Sep 24, 2010
samegirl
9 Posts
Just curious as to what the typical time frame is for the State board of nursing to conduct it's investigation and conclude a hearing.
Facts:
RN accessed medical records she did NOT have authority to access
I was called and told she committed a HIPAA violation by the privacy officer at her place of employment
RN did not get fired- but I was told she was punished- privacy officer stated, "his hands are tied"
State Board got involved investigated nurse... Heard back from them in middle of July stating they were doing a full investigation and to be prepared because she had been notified as was her employer
Just curious as to what the typical time frame would be for the board to hear the case...
I think something needs to be done. This RN has serious psychological issues and does not act in benefit of the community for sure.
roser13, ASN, RN
6,504 Posts
Odd that she was not terminated....any institution I've ever been associated with would have terminated immediately, no questions asked.
However, your final comment - that she has serious psychological issues and needs to be dealt with - is separate from the HIPAA infraction. If you feel that she has serious issues, have you taken other actions to remedy the situation, i.e. documentation? If you were "called and told" about her HIPAA violation, I assume you must be in some type of supervisory capacity?
No It was my records she accessed. They called me called me into the privacy officer's office... I am also a patient at the same hospital.
Oh my. I'm sorry to hear that.
I think if I were you, I would go back to that privacy officer's office and request an official explanation as to why that RN was not immediately terminated.
You can always access the privacy officer's superiors also. Trust me, a poorly addressed HIPAA violation by an employee (an RN, no less) is publicity that no institution wants to face.
Not really, no. I know who she is, but do not know her personally. Just curious as to how long the hearing and investigation typically lasts.
Neveranurseagain, RN
866 Posts
The Feds handle HIPPA complaints (I'm KIDDING! I know it's HIPAA!). Have you filed a formal complaint? Here is the address: How To File a Complaint
Flying ICU RN
460 Posts
Look up similar transgressions in your states B.O.N. discipline database, for clues as to length of time from incident to action.
TwilightRNurse
118 Posts
How did she get caught? Do you know why she was snooping into your records?
SWS RN, ASN, RN
362 Posts
Whoa, this creeps me out. If she had no legitimate reason to access your medical records and did so, I would DEMAND she be terminated.
This is a very serious violation.
That being said, the state BON can take months to investigate and hear a case.
I would consult the hospital attorney as well, I don't think they would take too kindly to an employee with that kind of breech--at their facility.
I can't believe they didn't fire her either. The fact that it appeared as if she was not punished or just received a slap on the wrist is what prompted me to call the bon. To me she wouldn't the hospitla view her as a huge liability. Hopefully the bon will figure it all out. She did it because she's nosey I guess...
caliotter3
38,333 Posts
If you are dissatisfied with the actions of the hospital employer regarding this situation after contacting them, you could always lodge your own complaint against the nurse with the Board. You have that right. It might help speed up the process.
canesdukegirl, BSN, RN
1 Article; 2,543 Posts
Oh HOLD up! Wait a minute! She accessed your records?!?!? I am assuming that she was not involved in your care while you were a patient. This is clearly, CLEARLY grounds for immediate termination. Do you remember a long time ago when George Clooney was in a motorcycle accident? And his records were accessed by nurses/staff that were NOT involved with his care? They were fired IMMEDIATELY. Why should it be any different for you? This makes me incensed for you!
The fact that you state this nurse is unstable is even more worrisome. Your medical record contains a plethora of information that is sooo very private (I know, news flash, right?) and the fact that this nurse felt that it was fine to just look up all of your business AND she is unstable would make my skin crawl. What does your direct manager have to say? Do they know what is going on? Please forgive me if you have already stated such...I am post-call.
I hope she gets fried. And I am not talking about at the beach!