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 LVN 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 LVN at a nursing home in San Antonio, Texas, and had been in that position for eleven (11) years.
On or about August 22, 2019, while employed as an LVN at a nursing home in San Antonio, Texas, LVN failed to protect confidential information for multiple patients in that patient medical records were found in her home and her personal storage facility. The records contained patient information from two (2) other facilities of the nursing home she worked for. LVN’s conduct exposed the patients unnecessarily to a risk of harm from disclosure of their confidential medical information and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response to the above incident, LVN admits she made a mistake in having the records at her house and personal storage even though they got there accidentally and unintentionally.
The above action constitutes 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),(1)(C)&(4).
As a result, the Texas Board of Nursing decided to place her LVN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.
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