NCLEX application. Bipolar ?

PaulW · Mar 12, 2009

This seems like a blatant violation of HIPAA laws. Your medical records are a matter of protected doctor/patient information and no one has access to this information without a court order. Unless you say "Yes" and then sign an authorization to release protected health information from you doctor to the state, then there is NO WAY that anyone but yourself and your physician can know of you diagnosis and medical treatment.

cardiac~lover · Mar 12, 2009

Thanks for responding. I thought the same thing. If I say yes, I'm not sure what will happen. If I say no (because it is hippa, and I know I am a safe, effective nurse) isn't that lying to the people that hold my world in their hands?

kellyc034 · Mar 12, 2009

I'm still in nursing school, I don't graduate until December, I'm on meds, and I work in a hospital as a tech. Personally, I don't think it is anyones business but your own. I don't really know the legalities of it, but 99% of the people I work with are at least on anti-depressants. If they didn't grant licenses or hospitals didn't hire people who admit to depression, etc. they would have very few employees. :twocents: I'm interested to see what everyones response is, and if there is some type of legal issue involving this disclosure.

Kelly

Atheos · Mar 12, 2009

This seems like a blatant violation of HIPAA laws. Your medical records are a matter of protected doctor/patient information and no one has access to this information without a court order. Unless you say "Yes" and then sign an authorization to release protected health information from you doctor to the state, then there is NO WAY that anyone but yourself and your physician can know of you diagnosis and medical treatment.

You are wrong...

They can require whatever information they wish. By supplying information you are tacitly agreeing to the release of this information. You CAN refuse to give the information AND the only entities NOT allowed to hold this against you are employers.

Also, government entities CAN require this information. Check out the BON's, Depts of Social Services, Police, Firefighters, DMVs, etc...

Neveranurseagain, RN · Mar 12, 2009

Check with the American with Disabilities Act to see if they have to have this information. And CONGRATULATIONS!

If every nurse that had a HX of depression, bipolar etc was disqualified, there would truly be a nursing shortage!

PaulW · Mar 12, 2009

You are wrong...
They can require whatever information they wish. By supplying information you are tacitly agreeing to the release of this information. You CAN refuse to give the information AND the only entities NOT allowed to hold this against you are employers.
Also, government entities CAN require this information. Check out the BON's, Depts of Social Services, Police, Firefighters, DMVs, etc...

I would have to see the application. That verbiage regarding your agreement to release said information must be on the application itself. When I registered for the NCLEX-RN the question regarding a mental health dx was not asked. I am curious to why this would vary state to state. I would speculate that this would be asked for matters of statistics and nothing else.

Atheos · Mar 12, 2009

Sorry...

The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”).

ANYONE can ask for this information. The only ones bound by Hipaa are specified in the law.

Anyone else can ask, and frankly do what they will with the information.

ETA:

Covered entities include:

Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.

Those that run the NCLEX are not covered.

PaulW · Mar 12, 2009

Sorry...
The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the "covered entities").
ANYONE can ask for this information. The only ones bound by Hipaa are specified in the law.
Anyone else can ask, and frankly do what they will with the information.
ETA:
Covered entities include:
Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers--those that conduct certain business electronically, such as electronically billing your health insurance--including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses--entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.
Those that run the NCLEX are not covered.

Agreed. The point I was trying to make, which I may not have clear in stating, is that without authorization from the applicant, there is no way that the agency running the NCLEX exam can obtain protected health information, including mental health diagnoses. If the applicant volunteers this information the obviously HIPAA does not apply.

If the agency running NCLEX, for whatever reason, tries to obtain this information on their own then HIPAA does apply to the individuals treating physician, who would not disclose this information without proper consent.

In short, If you say NO and NCLEX doesn't believe you, there is nothing they can do.

Atheos · Mar 12, 2009

You have misread my post.

HIPAA does not require the NCLEX test givers to get permission at all...

Take a look at the HIPAA website.

They are not required to get your permission. Also, if they do not use it to bar you or accept you they can REQUIRE you to answer and penalize you if it turns out you lied.

PaulW · Mar 12, 2009

You have misread my post.
HIPAA does not require the NCLEX test givers to get permission at all...
Take a look at the HIPAA website.
They are not required to get your permission. Also, if they do not use it to bar you or accept you they can REQUIRE you to answer and penalize you if it turns out you lied.

How would they find out if you lied? And where are you getting the information regarding for what they are or are not using the information?

justwannabanurse · Mar 12, 2009

I just graduate from a pn program in December I live in PA though. I have never heard of such a thing. Our application to state boards asked about a criminal background which I totally think they should know that information. But, it does seem a little extreme that they ask about that it does seem to be a violation of hipaa laws. I personally would check no. Good luck & congrats on graduating!