Confidentiality in a patient’s health information is very important. It is also the obligation of any health professionals who have access to the information to not expose or disclose any of it to anyone. Confidentiality is also about privacy and respecting someone’s wishes. But if an RN breaks that, the Board may put you into disciplinary action. Once the Board summons you, you need the help of a nurse attorney for the defense.

At the time of the initial incident, she was employed as an RN with a pediatric health care service provider in Abilene, Texas, and had been in that position for seven (7) years and seven (7) months.

On or about January 9, 2020, through May 27, 2020, while employed as an RN with a pediatric health care service provider in Abilene, Texas, RN inappropriately accessed her own child’s medical records, on six (6) different occasions, without authorization and without a medical necessity. RN’s conduct was in violation of the Health Insurance Portability and Accountability Act (HIPAA).

On or about April 2, 2020, and April 5, 2020, while employed as an RN with a pediatric health care service provider in Abilene, Texas, RN inappropriately accessed the medical record of a co-worker without authorization and without a medical necessity. RN’s conduct was in violation of the Health Insurance Portability and Accountability Act (HIPAA).

On or about June 10, 2020, through June 18, 2020, while employed as an RN with a pediatric health care service provider in Abilene, Texas, RN inappropriately accessed the medical records of two (2) different patients, on six (6) different occasions, without authorization and without a medical necessity. RN’s conduct was in violation of the Health Insurance Portability and Accountability Act (HIPAA).

In response to the above incidents, RN admits to accessing her child’s records to see what other nurses write about her. RN admits she knew accessing her child’s record is a policy violation. RN states she reviews the Pediatric Intensive Care Unit list as the charge nurse, and the list often has incorrect dates of birth, so she has to search the records. RN states she did not recall accessing the patient’s records. Regarding her co-worker’s medical records, RN states she did not work in EPIC but rather did employee related items such as scheduling.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(E) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

However, without valid evidence to defend her side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the RN’s license.

Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.