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Discussion

Tatts and HIPAA

Okay I know HIPAA is an exhausted topic but I would appreciate some input on this matter.

Had a PT who had a questionable tattoo (and the reason for the visit also indicated suspicion) so I asked my husband who works in law enforcement what the tattoo meant. He asked a specific question about the tattoo and I said I didn't know because I didn't pay close attention. My husband said that it is gang affiliated and depending on the specifics it would determine which gang.

Later on I told a co worker that I asked my husband about what the tattoo meant. I had asked her if we have any legal obligation to chart or contact anyone about what the PT said about the situation that occurred and our suspicion to warrant the hospital visit (the PT had said some things to me that I wasn't sure if I should/needed to chart). She said that IF the cops are investigating and find out that I talked to my husband about the tattoo that I could lose my license.

Why am I so worked up about this? Do I have a reason to be worked up???

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    • Experts

    First, I love that you spelled HIPAA correctly, thankyou. I'm not sure why you think the police would need to be notified unless the patient was a gun shot victim or something else that requires notification by law. Your coworker makes an interesting point and it could be a violation if someone was able to identify the patient based solely on their tattoo so something to think about in the future but imo as long as your husband hasn't figured it out and reported you I don't see it as a violation. I would watch yourself around that coworker who sounds rather concrete.

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    No.

    You will not lose your license because you asked you husband about a tattoo.

    Even if somebody found this out- (how could they?), this is not why nurses lose their licenses.

    It may or may not have been a mistake, but it is possible for a nurse to make a mistake and not lose a license.

    Go to your board web site and see what people actually lose their license over.

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    • Author

    Thank you for your reply. :)

    Yes the police had to be notified. The PTs type of tattoo is a gang tatt that they all have- not just here where I live- everywhere this gang has territory. And there are many variations of the tattoo, I didn't get specific about it. Anyway, my husband would not have any part in that case or with any of the people involved so I am not worried about him being able to identify my PT.

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    I am sure there are many tattoos that would count as identifying tattoos- any tattoo with a name, birthday, or intricately drawn face, or a photo (versus a description) of a unique tattoo. A gang symbol would not be an example of an identifying tattoo. Nor would something like a clichéd phrase, a heart, a peace sign, or a bird, I would think.

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    Nor would something like a clichéd phrase, a heart, a peace sign, or a bird, I would think.
    If the gangs were smart, they would use hearts, roses, birds as their gang symbol. That way they could deny to the cops that they are in a gang. "No officer I'm not in a gang, the heart is for my mother and the birds are for my girlfriend."
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    I'm not sure why HIPAA is in question it all if the tattoo was on a PT. Surely Physical Therapists can have tattoos, just like everyone else. I suppose you could make a case for asking them to cover it up if it's an offensive tattoo.

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    I'm not sure why HIPAA is in question it all if the tattoo was on a PT. Surely Physical Therapists can have tattoos, just like everyone else. I suppose you could make a case for asking them to cover it up if it's an offensive tattoo.

    When OP was referring to PT, she means patient. The question is if she described a patient's tattoo (gang member) to her police officer husband. Is that a HIPAA violation if the tattoo is unique enough for her husband to know who she is referring to.

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    If the gangs were smart, they would use hearts, roses, birds as their gang symbol. That way they could deny to the cops that they are in a gang. "No officer I'm not in a gang, the heart is for my mother and the birds are for my girlfriend."

    LOL.

    Are you under the impression that people get tattoos because they wish to hide something? They are advertisements of something. Especially if they are gang related, they do not wish to hide their affiliations.

    Besides, why would they need to lie to a police officer about their affiliation with a gang? There is nothing illegal about it.

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    Yes the police had to be notified. .

    Because of what brought the patient into the hospital, or because of the tattoo?

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    If I were to say I had a patient with orange skin and a severe comb over, is that a HIPAA violation?

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    • Author
    Because of what brought the patient into the hospital, or because of the tattoo?

    The reason for the visit had to be reported to the police.

    The PT was tight lipped about the situation -of course- so there was nothing in the chart about the events leading up to the visit or details/Hx about the PT. Eventually I got something out of the PT and those details combined with the tattoo and reason for the visit were all suspicious. I didn't know my legal responsibility in that situation.

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    • Experts
    If I were to say I had a patient with orange skin and a severe comb over, is that a HIPAA violation?

    Depends on your location possibly in Chicago where you are from it might be enough to ID a patient but in Florida not nearly specific enough, lol.

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