Nursing student with HIPPA violation.. trouble getting license?

coolknj · Mar 1, 2011

Oh my good what state are u in so I can never move there I wounder if RI would have done that thats kind of mean.

Landon2011 · Mar 1, 2011

I dont understand what you're saying? and WV

Roxyann57 · Mar 1, 2011

I'm not trying to side with them but why would you be looking about info on someone who is not your patient? I know for a fact that is a big no no, student or not. I would ask your instructors about this being an issue with getting a job I'm not sure how things that get reported to the nursing board are looked at.

CT Pixie, BSN, RN · Mar 1, 2011

Not quite sure why they would report it to the State Board of Nurses since technically you are not a nurse, you are/were a student when the HIPAA violation occurred. I don't recall ever hearing that anyone who failed out of clinical due to bad nursing practice etc being "reported" to the State Boards of Nursing. Maybe the BON's do keep files on students actions such as yours, but I've never heard of it.

I would think their "punishment" of you all by making you repeat the course would be grounds to think it won't affect you being able to get your license etc. As if it would, why wouldn't the school just expel you instead of the "hand slap" you got?

Best place to get an accurate answer would be the BON in your State. Only they would know the definitive answer.

Qbert · Mar 1, 2011

Most likely this violation will cause either

1) a delay in your paperwork going through. This could be for up to several months.

2) a request for explanation by the state. This usually involves going in front of a panel and explaining your actions and why you should receive your license. They do the same thing for suspended licenses.

This occurs when you apply for your license btw.. not during school.

What the state sees is a lack of judgment of fundamental rules set forth by governing authorities.. They wont be happy with it, But it isn't the end of the world.

Good Luck!

Landon2011 · Mar 1, 2011

Thank you for all your replies. ASHLEYNJ, as i said in my first post, i was not aware of it, that is why i did it. I also thought why would they let us continue on if we could not get licensed. It is not just us, but many many many students and faculty are going though this same issue right now. I am not trying to make excuses for what we did, but HIPPA is not in depth enough with training. They go through the test with you, and its basically another test and another paper to sign saying that you did it when you get on at the facility etc. NOW, I looked today and saw that it does say we cannot look, had i known that then, thinking everything is confidential and all, i would not have done it. The associate dean said that we may have an extra hurdle to go through, but she thinks we will be fine. =)

kgh31386, BSN, MSN, RN · Mar 1, 2011

So..it sounds like most of your school looks up people in the hospital?

Esme12, ASN, BSN, RN · Mar 1, 2011

First....VALUABLE LESSON!!!!!! You may NEVER look up someone elses healthcare record unless you are directly involved in their care. Would you want someone peeping in you bathroom window while you do your business? :eek:

Second: I'm wondering if "reporting to the board" is one of those scare tactics used by parents and teachers to put the fear of GOD into you. YOu don't have a license yet....to whom are they reporting? :confused: If the course was in patient confidentiality then it's good to repeat it! and your fine is paying twice for the same course.

Third: Familiarize yourself with HIPAA The Health Insurance Portability and Accountability Act (HIPAA) :rolleyes:

long but good!!!!!!!

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

or

google it http://tinyurl.com/4jup9ja

Meriwhen, ASN, BSN, MSN, RN · Mar 1, 2011

Thank you for all your replies. ASHLEYNJ, as i said in my first post, i was not aware of it, that is why i did it.

In both of the nursing programs I've been in, they started drilling HIPAA and patient privacy into our heads since day 1. I'm really surprised that you haven't learned about HIPAA/privacy in your class and that your first encounter with it was at your clinical site.

As far as what your state BON will do, the best way to find out is to ask them. Truth be told, I'd be more worried about what your school will do to you at this point, as in some schools violating HIPAA is an automatic fail or even dismissal.

Unfortunately you've learned this lesson the hard way I hope everything works out for you.

CT Pixie, BSN, RN · Mar 1, 2011

Thank you for all your replies. ASHLEYNJ, as i said in my first post, i was not aware of it, that is why i did it. I also thought why would they let us continue on if we could not get licensed. It is not just us, but many many many students and faculty are going though this same issue right now. I am not trying to make excuses for what we did, but HIPPA is not in depth enough with training. They go through the test with you, and its basically another test and another paper to sign saying that you did it when you get on at the facility etc. NOW, I looked today and saw that it does say we cannot look, had i known that then, thinking everything is confidential and all, i would not have done it. The associate dean said that we may have an extra hurdle to go through, but she thinks we will be fine. =)

This is exactly WHY you read what you are sigining. By signing it you are stating that you understand the HIPAA policy and will adhere to it. So the "I didn't know we couldn't look" won't float once you sign that papere. My HIPAA training during nursing school and during our clinicals was extensive. We had to sit through a 2 hour presentation on HIPAA for our hospital clinical site.

Faculty? Of the facility? They have NO excuse for looking up people who they don't have direct care for. They are lucky that they aren't fired on the spot and reported to the BON.

I think the "we are reporting you to the Board" is right up there with the high school principal telling you "this will be part of your permanent record". As I was going to point out but forgot, since the Board of Nurses presides over nurses (not students) I don't see what, if anything, the BON can/will do.

soccerfan12 · Mar 1, 2011

This is exactly WHY you read what you are sigining. By signing it you are stating that you understand the HIPAA policy and will adhere to it. So the "I didn't know we couldn't look" won't float once you sign that papere. My HIPAA training during nursing school and during our clinicals was extensive. We had to sit through a 2 hour presentation on HIPAA for our hospital clinical site.
Faculty? Of the facility? They have NO excuse for looking up people who they don't have direct care for. They are lucky that they aren't fired on the spot and reported to the BON.
I think the "we are reporting you to the Board" is right up there with the high school principal telling you "this will be part of your permanent record". As I was going to point out but forgot, since the Board of Nurses presides over nurses (not students) I don't see what, if anything, the BON can/will do.

I agree there is no excuse for you and the others to be looking up a patient that you are not taking care of. Searching someones name is not kept confidential there are audit trails for this exact reason to make sure no one is accessing a record they aren't supposed to be accessing.

You and the others violated this patient's right to privacy. Not only did you have access to their health information but also address, social security number, financial information ,etc.

I can't see the BON doing anything but your school/program may. If you signed some sort of HIPAA/Confidentiality agreement before you started clinicals then you obviously violated that.

Employees have been fired for doing what you did, please read up on HIPAA!!!