Kicked out of class for a "HIPAA" violation?

Nurses HIPAA

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Hello, I am a Senior nursing student and I was kicked out of clinicals and made to repeat the course for a few issues that happened during the day. I would be lying if I said I wasn't as prepared as I should of been that day, but I believe what happened to me was incredibly unjust. I am accused of violating HIPAA because I let another student into my patients room to look at her ventilator. As students, we are always trying to learn and he has never seen a ventilator before. I thought this was a good opportunity to learn, so I asked my nurse BEFORE we entered the patient room if it was okay for him to enter my patients room and look at her ventilator, in which the nurse said it was fine to do. A few days later, I get an email telling me not to go to clinicals and meet with my supervision. They were also appalled that I had to ask my nurse one of the medications were that we were hanging, and I also accidentally withdrew 30 iu's instead of 3 iu's of insulin AT the med station, in which the nurse saw and said that was way too much, in which I agreed with, apologized, and moved on.

The nurse reported me to her supervisors, which then contacted my school and were absolutely disgusted with my performance. When I met with my supervision, they completely sided with the hospital and were cared more about the school's image and less about my side of the story. If another student entering my patients room with permission from the nurse was a HIPAA violation, shouldn't the nurse be punished as well because she was the one who gave me permission to do so? That being said, I was removed from the course, 7 months away from graduation and had to sit out nearly 4 months before I could retake the class and pushes my graduation date back. Is this a legitimate case of a HIPAA violation?

HIPAA Violation Examples
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First, it's would HAVE, not would OF. Same with should HAVE.

Second, you may have 12 hours to research meds, but you'd better know what your patient is getting and why, what are the side effects and contraindications BEFORE the meds are given. Whether you do it the night before or show up early the day of your clinical, it's your responsibility to know. There is no excuse for that.

You pulled out ten times the ordered dose of insulin. One THOUSAND percent of what was ordered. Even if the nurse stopped you before you got near the patient's room, that is an egregious error! And you don't sound very concerned about it, saying that you admitted to the error and will now move on. It shows a lack of awareness of the effect -- damage -- your actions could have on your vulnerable patients.

The HIPAA violation was probably the last straw. You were in your last semester and with all of these errors at the same time, they needed to make sure you didn't graduate. The HIPAA violation was probably just the last straw that they hung it on.

I'm very glad you're not graduating soon -- it sounds as if you have a lot to learn, and concern for others is probably the very first of those many things you need to learn.

I am not here to debate grammar, let's not act like you've never committed a grammatical error before, ridiculous. Second, you have no idea how I grieved because of the insulin error or how much it affected me. Just because I "sound" a certain day is not indicative of how it affected me. And can you prove that this was indeed a "HIPAA" violation? Are nurses not allowed to go into another patients room with another nurse? If students are held to the same standard, show me where it differentiates for students and becomes a HIPAA violation if two students enter a patients room for a learning experience please. And how was it a med error when the medication was never administered to the patient? Just because the nurse caught the error before me does not mean that I wouldn't have caught it during my self regulating checks before I administer insulin.

Wait, you just added more to the story. Why on earth would you think creating a care plan on patient 1 was more important than getting report on patient 2? You are just as much responsible for patient 2 as you are patient 1! Also, please tell me you did assess each patient ASAP during your shift. I once assessed a patient at 7:15 and realized she was going into shock and not arousable. You better believe I peek on ALL of my patients before or during report and assess them very quickly thereafter. I hope I am misreading your post... You should know this by the time you graduate.

I'd wager a guess that it's the "unsafe reckless behavior" that got you kicked out. You seem to be focused on the HIPAA violation and how unfair things are to YOU. What about the patient you could have killed with 10 times the ordered amount of insulin? I don't think you're ready to be a nurse. You don't seem to be concerned about your patients.

Whether or not you and the rest of the class knew that inviting another student into the room to see the ventilator would be a HIPAA violation, it's up to you to LEARN these things. That's why you're in school. But as I said, I don't think that's the reason you got kicked out of school -- there are so many other -- better reasons.

I didn't get kicked out of school, I was kicked out of the class and made to repeat. And again you are playing "would of" harmed the patient etc. The medication was never administered, should a nurse lose her job if she drew up the wrong medication and another nurse caught the mistake? Stop pretending to assume how I feel about what happened. And please show me documentation that indeed what I did violated HIPAA.

Wait, you just added more to the story. Why on earth would you think creating a care plan on patient 1 was more important than getting report on patient 2? You are just as much responsible for patient 2 as you are patient 1! Also, please tell me you did assess each patient ASAP during your shift. I once assessed a patient at 7:15 and realized she was going into shock and not arousable. You better believe I peek on ALL of my patients before or during report and assess them very quickly thereafter. I hope I am misreading your post... You should know this by the time you graduate.

Yes, thorough assessments were accomplished on both patients.

Specializes in Adult Internal Medicine.

In summary, you made several errors, which you admitted to, and were subsequently punished. It seems fair.

We all make mistakes. You are paying a significant price for yours, which is unfortunate, however, you also could have been dismissed from school for any of them.

Have there been previous complaints or warnings or problems in the past?

Your school will do whatever they have to in order to protect their placements, within reason. This, to me, is within reason.

The insulin mistake was a big one. And a dangerous one, regardless of whether the patient actually got it. Hanging a med without knowing what it is, yet another big one.

In summary, you made several errors, which you admitted to, and were subsequently punished. It seems fair.

We all make mistakes. You are paying a significant price for yours, which is unfortunate, however, you also could have been dismissed from school for any of them.

Have there been previous complaints or warnings or problems in the past?

Your school will do whatever they have to in order to protect their placements, within reason. This, to me, is within reason.

The insulin mistake was a big one. And a dangerous one, regardless of whether the patient actually got it. Hanging a med without knowing what it is, yet another big one.

Hey BostonFNP, thanks for the response. I am still trying to find documentation that what I did essentially violated HIPAA. Wouldn't the nurse who gave me permission to enter the room with another student violate HIPAA as well? I have had a squeaky clean on site and off site history with my school, including many clinical rotations in which I have never had a previous complaint prior to what happened in this situation. I am still trying to figure out if what I did was a HIPAA violation, and I would like to see any documentation that confirms this. If two nurses can go into a patients room for an educational purpose, why can't two students who received permission to from the nurse if students are held under the same HIPAA standards as nurses. The insulin error crushed me, and I have administered dozens and dozens if insulin to patients and have never made a mistake. I will NEVER make that mistake again, trust me.

Specializes in LTC.

I understand what your saying op...I think you should definitely talk to your instructor about this. You seem confused. An I'm slightly confused too...but I think the main thing here is this insulin. So you drew up this insulin and asked the nurse to check it? Or were you in the process of drawing it up and the nurse was like "oh that's too much?" I mean that is a big difference between 3 units and 30 units....now I'm no expert and I haven't given a lot of insulin but the most I've ever given at once was maybe 10 units? I don't remember exactly but never 30. I would have been questioning myself if I thought I needed to draw up that much and double checked myself...but as I said...I'm slightly confused.

Specializes in Hospice.
I didn't get kicked out of school, I was kicked out of the class and made to repeat. And again you are playing "would of" harmed the patient etc. The medication was never administered, should a nurse lose her job if she drew up the wrong medication and another nurse caught the mistake? Stop pretending to assume how I feel about what happened. And please show me documentation that indeed what I did violated HIPAA.
- bolding added by me.

The general prohibition against using patients as teaching material without their consent has been around as long as I have. It pre-dates HIPAA. In every setting in which I've worked over the last 40 years, it's been the practice to ask the patient before sharing interesting details about his/her care or condition. If the patient is unable to answer, ask the POA. If you don't get permission from either of those, don't do it.

I realize that it's a principle most often honored in the breach. The other student was not involved in the patient's care and had no right to any information at all - and that is spelled out in HIPAA.

Specializes in OR, Nursing Professional Development.
Wouldn't the nurse who gave me permission to enter the room with another student violate HIPAA as well?

The school has no authority to deal with the nurse; they do, however, have the authority to discipline you. The combination of not knowing why a med was hung, the 10x the dose of insulin, and what your school has interpreted as a HIPAA violation combined make me think that the school is not overreacting as these acts together speak of unsafe practice.

However, most schools offer students an opportunity to appeal decisions such as these. Did you take advantage of that process?

I think you need to stop worrying about violating HIPAA and start focusing on acing your next semester. You made mistakes and got punished for them. Move on. Dwelling only makes everything worse.

Specializes in Pediatrics, High-Risk L&D, Antepartum, L.

My issue is you drew up a significant amount of insulin...way over the dose needed to be given. Your responses here are "well the nurse caught it". Um...thank god she caught it. So if she hadn't...that's when it would have been an issue? So I'll be honest...the amount of insulin you drew up compared to the order is a major issue. Your attitude of "but the nurse caught it so no biggie" is a major issue. That is enough of an issue to create a major concern.

Specializes in Psychiatry.
Okay there has to be more to the story...

I concur.

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