Published Nov 17, 2011
SugarBabe99
18 Posts
Not sure if this is exactly the right forum for this, but if you were involuntary committed to a psych ward, can that affect your chances of getting licensed/obtaining employment? Some people were telling me that if you were involuntarily committed to a psych ward, it can show up in a background check and affect your chances of employment. This doesn't seem right to me, I was under the impression that HIPAA and patient-doctor confidentiality prevents any sort of medical information from being leaked, but they were saying it's an exception when it's related to mental health and government-mandated psychiatric ward stays.
Flare, ASN, BSN
4,431 Posts
Unless there was a criminal charge, there should not be anything that comes up in a back ground check. And even if there is a criminal charge, i don't think it can discuss if you were committed.
That's what I thought, that it wouldn't show up unless there were criminal charges involved, which wasn't true in my case. However, these people were claiming that if it's a government-mandated, involuntary commitment to a psych ward, that it CAN and WILL show up in a background check and affect your future employment chances. These people acted like they knew what they were talking about, too. They told me they were surprised I didn't know and hadn't done research on it prior to wanting to become a nurse. Well, maybe because I had ALWAYS read and been told that any kind of medical information and records is strictly, 100% confidential, be it mental-health related, an involuntary commitment to a psych ward, etc.
This is really stressing me out. I thought that I would have no problems obtaining licensure/employment as a nurse given that I have absolute no criminal background, no felonies, misdemeanors or even traffic violations. However, last year, I was at a bad time in my life and not in my right mind, and tried to commit suicide. This led to me being hospitalized and then committed to a psych ward for a week. I would hate to think that a stupid decision made when I was going through a rough time in my life would affect my chances of becoming a nurse; I've dreamed of being a nurse since I was a little girl. In all honestly, I think it's screwed up that this could possibly affect your chances given that I was under the impression that ALL medical records, no matter what the situation, were STRICTLY confidential; in fact, I only admitted it was a suicide attempt after being ensured that my information would not be leaked or made public. The thought that I was lied to and my information could be revealed in a background check and affect my chances of employment even though I did NOTHING criminal or illegal or that hurt anyone else seems really not right to me.
tyvin, BSN, RN
1,620 Posts
It's part of your medical records and not on any background check. In fact psych med records just can't be accessed like other medical records you need written permission from the original doctor who treated in order for psych records to be released. Also there is a waiting period of 1 week in my state.
Usually a person can waltz in and get a copy of their medical records just by signing the release and paying a fee for copying. In the case of psych records there are extra measures in place due to the sensitivity of the records. If the psych doc does not give permission then you have to go to court to petition the records. Only the records can be accessed not the notes (can't remember why).
This is number one lesson for you to learn that many people have no idea what they're talking about.
Go on with your life and don't let past haunts disturb you so. You have a wonderful journey ahead of you. Good luck.
sapphire18
1,082 Posts
I know of nursing students and nurses that have been involuntarily committed and nope did not affect anything with BON or job searching:) don't worry.
Thank you guys for your help, I really appreciate it. I am feeling a bit better now.
What these people were claiming was that when it's a government-mandated stay, that can be somehow be found with a background check, I guess because it's government-related. But here's the only problem I see with that, thinking about it logically: what exactly would it show up AS? There's nothing criminal or illegal about it, so I can't see it showing up in a criminal background.
Also, their claim that it's different from other medical records due to the fact that it's psychiatric/mental-health related, and that makes it an exception for showing up; if anything, that seems like it would mandate MORE confidentiality due to the sensitivity of such material. I mean, I'd say employers are a lot more likely to be discriminatory in such a case due to the stigma and judgment that's often associated with those suffering from mental health issues.
Also, they're claiming that it has to do with it being a 72-hour hold; that a 72-hour hold gets added to your criminal record and is a criminal/legal matter, not a medical one.
Here's what they are claiming:
[14:14] <____> yeah they probably lied to you
[14:14] <____> ok, when they file a 72 hour hold, it becomes a criminal matter, and gets added to your criminal record
[14:14] <____> i believe it also includes the circumstance behing the hold, but im not 100% sure
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
I don't know if it shows up in a background check. Why not run one on yourself and find out?
I would, but I don't have the money. All the background checks I've found online cost money and I'm dirt broke right now.
carbon86
130 Posts
This came from my state which is PA.
"Act 77 amended the Mental Health Procedures Act of 1976 and requires all counties to submit to the Pennsylvania state police the names of all individuals who have been involuntarily committed to in-patient treatment. This Act prohibits anyone committed under Sections 302, 303 or 304 to possess, use, manufacture, control, sell or transfer firearms. A person has the right to appeal this process and can do so by filing a petition in Orphan’s Court of Allegheny County and ask to consider expungement of the record." http://www.alleghenycounty.us/dhs/commitment.aspx
I think that the person who gave you your information was referring to this. However, last time I checked being a nurse does not require the use of a firearm ( kind of a shame when you read some of the horror stories). Google your states laws, but I am pretty sure it falls under HIPAA.
Lauren the RN
26 Posts
Tyvin is correct. Psych records are extremely confidential. Certain measures make it very tough to access records. As a nurse you can't even look up your own records let alone your kids, like with medical records, unless you get access. Rest assured and good to know youre now mentally in a better place!
mazy
932 Posts
I really hope that we never get to the point where having psychiatric prblems is considered a criminal offense. I doubt many of us would pass muster.
Your psych records are medical records and are protected by HIPAA -- unless you were commited because of a crime -- at that point the line gets blurry but if that's the case, the psych issue is the least of your worries.
A caveat is that you will have to declare to the BON that this occurred and get a letter of reference from a treating dr. or therapist that you are stable and able to work, but that does not go any further than the BON's internal records. It will not show up on your license information or any background check, or any work-related issues.
Believe me, there are plenty of perfectly functional and capable nurses out there with psych histories, and they all do just fine. Don't beat yourself up too much about this.
caliotter3
38,333 Posts
Mental health records are covered by a privacy policy that is separate from, and more stringent, than normal health information protection policies. I would not worry about this, nor would I be volunteering the information since it has no bearing on your present ability to do the job. If it had resulted in a diagnosis or an ongoing situation, then, you should discuss this with your personal physician.