Instructor violated my privacy...

[heartinhospice]

I have a question about your right to privacy. Can an instructor demand/interrogate you into disclosing personal medical information that doesn't pose a public infection, or injury? I have been diagnosed with atypical narcolepsy, and have been on Provigil (only lasts for 5-6 hours vs 15 it should) and when that wears off, I take methylin. I'm a student, and in my 3rd clinical for the LPN program, I asked one of the nurses on the floor where I could store a personal medication, like where they would store imitrex, or insulin...to keep it safe while on the floor. The nurse proceeded to tell my instructor, and my instructor grilled me on what I was on, why I was on it, was my doctor reputable (he's the professor for the medical college of Wisconsin!) and whips out her iphone and demands I spell it out while she looks it up on her Davis Drug Guide. She THEN calls the director of my program at school to tell her all this, and I'm snowballing from there. She intimidated me into telling her. I'm a repeat dean's list student, president of my school's nurse association, tutor, and active volunteer. After that forced disclosure, she failed me on my care plan (I was asked by previous clinical instructor to help my classmates as mine was a perfect score), and failed me in my clinical. I'm devastated, and felt violated from the day she violated my privacy.

I have read about HIPPA, but it doesn't include instructors, only if it pertains to me as her patient. I don't fall under the educational privacy, as that only pertains to my grades. I was told by an advisor at my school that she thought it fell under a constitutional amendment to privacy. I was mortified, as this is not something people outside of my family and a few close friends know about. I'm embarrased, and I got more anxious as the days went by with her in clinical and her attitude changed towards me after that day of disclosure. It was my anxiety that gave her the ammunition to find failure, but her violation was, I feel, the day I felt I was labeled and treated differently...and ultimately failed. I was wondering if anyone knows if I have any recourse? I need some advice.

[latebloomer74, LPN]

That's awful. That is unfair. Would she have failed you if you had diabetes too? How ridiculous. There's this thing called the Americans with Disabilities act that is supposed to protect you if you are disabled, they aren't supposed to be able to discriminate against you just because you have a diability. Wow, I just can't believe that, I am so sorry this happened to you. ):

[classykaren]

Please contact a attorney

[traumaRUs, MSN, APRN]

Why in the world didn't you keep your meds on you? There was no reason to give the med to a nurse for safekeeping.

You are entitled to your privacy but that only goes so far as you not providing them with the information.

[llg, PhD, RN]

1.First of all, your question is a legal one ... not a nursing one. So, take everything that any says here about the legal issues involved with a grain of salt. We are not qualified to give legal advice. For that, you will need to speak with an attorney.

2. From my point of view as someone who works with students in hospital settings ... I believe your instructor has not only a right, but an obligation to do a little investigating once she becomes aware that you are taking drugs in the clinical setting. Once she found out that you were taking medication, she needed to be sure that it wasn't something that would impair your performance. It sounds however, that she handled that investigation in a way that might not have been appropriate.

3. Did you get approval from some appropriate person before bringing that drug with you to the hospital? If so, you could have told her about that approval immediately when first questioned and minimized the incident. If you had no approval, then I believe you need to bear some of the responsibility for the ugly situation that developed. It's not reasonable for you to expect the staff to see you "taking drugs" during your shift and NOT mention it to your instructor. And it is not reasaonble for your instructor to ignore it once the staff asked her about it. You should have been prepared for the quetions that were bound to be asked.

So ... it looks to me like it was a situation in which there may have been multiple mistakes. You should have been prepared for the questions and gotten the appropriate approvals ahead of tiem -- and she should have investigated in a way that was less traumatic for you.

3. As for your grades, they are a totally different matter. The OP did not say what faults were found with your performance and/or paperwork. Just because you did well in a previous course does not mean you deserve a good grade in this one. You'll need to address the rationales for the grades specifically. You can't just assume you were discriminated against just because you are unhappy with the way she handled the medication investigation. Does your school have a procedure in place to handle student appeals regarding grades?

I recommend you review all of your school's policies on grading, appeals, and also on the use of medications in clinical settings. Based on that review, speak with the appropriate people about an appeal if that seems warrented -- and talk with an attorney if you want to go that route. But as for the medication thing, keep in mind that it is reasonable for the staff to say something to the instructor about the medication and it is reasonable for the instructor to follow up on the staff's questions by asking you. You can argue that she didn't handle it well ... but at that point, she needed to know that what you were taking was OK to take -- or your whole school may have been kicked out of the hospital.

[caliotter3]

Since it appears you did not get prior approval and present that to the instructor, she had an obligation to conduct the investigation. If this condition and the meds had been disclosed on your physical exam for school you should have pointed that information out to her. And yes, you should have just kept the meds on your person and gone into the ladies room. You basically walked into this one. You have to be wary of everything and anything while you are on the floor. You can not expect protection from the personnel who work there or the patients if they observe something or your fellow students. All of your behavior is being watched and evaluated while there. It is not a place to let your guard down. Take the advice given and seek the advice of an attorney and use the student grievance procedure if talking to your school administration does not result in a satisfactory resolution.