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???
Specializes in MCH,NICU,NNsy,Educ,Village Nursing.
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.
I was wondering why it mattered if a PT has a tattoo myself. Come to think of it, the Physical Therapist i've been seeing now for 2 weeks seems to wear a sleeve on one arm, so I'm thinking he must have one.
First of all, you can chart anything a patient tells you as long as you quote it. That's a no-brainer.
Second, the next time you have a private conversation with your husband about something general, don't tell your co-worker about it. She's trying to ruffle your feathers and she has no idea of what she is talking about.
Third, if all you have is a tattoo and nothing else, your "obligation" ENDS THERE. I don't care if they have a tattoo that symbolizes they killed 30 people. Unless the patient told you they did, you have zero reason to report it and that doesn't fall under mandated reporting.
If the patient is there and has injuries consistent with the commission of a crime, that is reportable to law enforcement, but you had better not do anything without upper management being involved. If all you have is a tattoo and possible gang affiliation....it is not your job to investigate the personal life of the patient.
First of all, you can chart anything a patient tells you as long as you quote it. That's a no-brainer.
Second, the next time you have a private conversation with your husband about something general, don't tell your co-worker about it. She's trying to ruffle your feathers and she has no idea of what she is talking about.
Third, if all you have is a tattoo and nothing else, your "obligation" ENDS THERE. I don't care if they have a tattoo that symbolizes they killed 30 people. Unless the patient told you they did, you have zero reason to report it and that doesn't fall under mandated reporting.
If the patient is there and has injuries consistent with the commission of a crime, that is reportable to law enforcement, but you had better not do anything without upper management being involved. If all you have is a tattoo and possible gang affiliation....it is not your job to investigate the personal life of the patient.
Thank you Jory. I know that reporting a tattoo is not my responsibility and that my job is not to play detective. However, your "third/fourth" points....yes...and I don't want to get into any detail. But yes, based on what the PT said to me my obligation did not just stop at a tattoo.
Its so difficult being general in this forum because nurses think of everything analytically! There is more to this story but I am not putting it all out here for the world to see. You all have answered my question thoroughly and educated me to be better next time.
OK, so you get brownie points for spelling HIPAA correctly. :) Now stop using PT for "pt" right now. You will so confuse the chart auditors if you don't.
Hint: Ruby is a smart cookie and knew perfectly well what you meant.
Jules A, MSN
8,864 Posts
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.