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. However, 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 your defense.
At the time of the initial incident, she was employed as an LVN at a nursing and rehabilitation facility in Arlington, Texas, and had been in that position for one (1) week.
On or about June 6, 2020, while employed as an LVN at a nursing and rehabilitation facility in Arlington, Texas, LVN removed the patient’s personal health information (PHI) from the facility without authorization. Furthermore, LVN disclosed the patient’s PHI without authorization by texting the information to another nurse on an unsecure phone line. LVN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of her confidential medical information without her written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response to the above incident, LVN admits to the conduct, but she states she had no malicious intent.
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).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. 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.