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 will need the help of a nurse attorney for the defense.
At the time of the initial incident, she was employed as an LVN with a medical center in Mesquite, Texas, and had been in that position for five (5) years and seven (7) months.
On or about May 15, 2020, through July 26, 2020, while employed as an LVN with a medical center in Mesquite, Texas, LVN sent photographs and confidential health information of a patient to a family member without the patient’s consent through text messages. LVN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of their confidential medical information without their written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
On or about July8, 2020, while employed as an LVN with a medical center in Mesquite, Texas, LVN inappropriately accessed another patient’s medical records without authorization. LVN’s conduct exposed the patient unnecessarily to a risk of harm from use, accessing or disclosure of her confidential health information without her written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response, LVN states a co-worker sent her a photograph of a patient and her husband accessed the photograph through her iCloud. LVN admits she accessed the other patient’s medical records without authorization.
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)(E) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B), (1)(C),(4),(6)(G),(8),(10)(E)&(11)(B).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 300 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.