Privacy violation?? - page 3
I really value the support and knowledge that is shared on this group. I think I might be in trouble though. Sorry this is long. In my state, all students who participate in athletics are... Read More
May 11Joined: Jan '16; Posts: 911; Likes: 2,780Quote from Queen of IcepacksQueen- I like this too, but I am afraid that Chiropractors can perform Sports Physicals in Missouri. Check the signature line on the Examination Form. "Signature of Physician: (MD/DO/APRN/PA/Chiropractor)In Missouri we are not allowed to accept physicals from Chiropractors for sports. It is a MSHAA rule.
I just wanted to give you a head's up-trying to keep you from having to get yelled at by a parent about it.
Sports Physicals are a big nightmare for me.
May 11Joined: Jan '16; Posts: 911; Likes: 2,780To address the original question about Sports Physicals. Check the Manual of your state's high school athletics governing body- there is probably a Q and A addressing this type of scenario. IF they don't want to follow the guidelines mandated by that governing body- I guess their little snowflake doesn't have to participate in sports. I bet your AD will give you some guidance on this.
May 11Joined: Sep '11; Posts: 2,526; Likes: 13,011Quote from caliotter3Exactly. The whole reason for medical clearance is to reduce the chance that a child will drop dead while participating in sports. The parents are really missing the point on this.They went behind your back to get the second clearance and then got angry at you for going behind their backs? How astounding. At least you were doing your job watching out for the student's best interests, as well as those of your employer, the school district.
May 11Specialty: 4 year(s) of experience ; Joined: Oct '15; Posts: 1,032; Likes: 3,092Quote from Windchaser22I agree but if her district has a similar policy in place that the parents find on the school's website, then they have more fuel to their fire.I would think the law trumps policy.
I absolutely think she did the right thing, because as others said it's kind a darned if you do and don't kinda situation and I believe covering your own behind should always be a top priority.
May 11Joined: Feb '18; Posts: 742; Likes: 1,456Quote from OldDudeYou got that right!!Don't worry about it...the parents need to worry about CPS visiting them for medical neglect.
May 11Joined: Feb '18; Posts: 742; Likes: 1,456You did the right thing. As for HIPAA, I agree with Old Dude. This was shared appropriately on a "need to know" because it involved the student's (pt.'s) care. The parents should be ashamed!
If they refuse to do anything to help their child and it's serious, they could be brought up on charges of medical neglect. And if he were successfully pushed into sports, child endangerment.
May 12Joined: Feb '14; Posts: 415; Likes: 492Blows my mind that they do not want to get the child checked out. I would be mortified.
May 14Joined: Feb '09; Posts: 565; Likes: 2,448You were acting as a student advocate. You did your job!
May 23Joined: Feb '10; Posts: 4,190; Likes: 5,883Quote from JenTheSchoolRNAre the Admin personnel not en loco parentis, therefore entitled to be made aware of students' health issues?Echoing everyone above. I talk to health care providers without contacting parents every once in a while if needed. Law-wise, I know I can and sometimes I am asked by admin to do so because they know law-wise I can. I can, however, not always disclose the discussion to admin, which frustrates them a bit.
But these parents sound like ones that would also sue if their LD was injured while playing said sport because of the undisclosed medical issue, saying "the school should have know better."
For OP - for your peace of mind and a totally correct and thorough answer, you need to talk to a couple of lawyers to find out exactly where you stand with HIPAA in this case. Or doesn't your supervisor, HR, somebody up your chain of command know the answer?
Why are you, a nurse, involved with sports physicals? Seems like the coaches or someone more directly involved with the sports at school would be tasked with these clearances. In this case, since you are involved, maybe you can just let the coaches and school Admin know that the student is not cleared, you will not be able to do any further follow-up, and they should feel free to get in touch with the parents. Again, I don't know why a school nurse has to deal with sports physicals but maybe some districts/schools do it that way. Good luck.
May 23Joined: Feb '10; Posts: 4,190; Likes: 5,883Quote from OldDudeExcept that it was the school nurse informing an outside doctor, not the other way around.6. Where the HIPAA Privacy Rule applies, does it allow a health care provider to disclose protected health information (PHI) about a student to a school nurse or physician?
Yes. The HIPAA Privacy Rule allows covered health care providers to disclose PHI about students to school nurses, physicians, or other health care providers for treatment purposes, without the authorization of the student or student's parent. For example, a student's primary care physician may discuss the student's medication and other health care needs with a school nurse who will administer the student's medication and provide care to the student while the student is at school.