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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2041
Experience:  Practicing Attorney with 10 years experience
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I am a Registered Nurse and have a PPA question. I am a CNA

Customer Question

I am a Registered Nurse and have a HIPPA question. I am a CNA instructor. I had an African student. We give TB test to our students before they go to the clinical site. But with African student we don't normally given the TB test because they get the Vaccine for TB in their country. This peculiar student told me she had received a TB test in this country and it was negative but she wasn't able to obtain the results. I gave the TB test to her. In the allotted time I read the results with the other students and it appeared to have a reaction. There were other students present and I asked the office manager to look at it we took a picture of her arm and sent it to our programming director. Nothing was said at the time but apparently she was upset and told her husband who called the school later threatening a HIPPA violation. I have not heard anything since that time and just gave my 2 weeks notice to my present employer. She is now telling me that it is still a possibility that this could be an issue. My question is What legal course do I have? and can my nursing license be taken away if I am found guilty?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.

A hipaa violation does not necessarily give rise to a lawsuit. It is usually just a fine. I am not understanding who they are saying received unauthorized patient medical info. Can you clarify?

Expert:  Asad Rahman replied 1 year ago.

If you are guilty the. The nursing board can suspend or terminate your license but they will usually do an investigation and you can appeal. You should consult with an attorney who has experience with nursing board hearings if things do get to that point.

Customer: replied 1 year ago.
There were other student present when I read the result of the TB test. I never said that she was positive, just that it appears there was a reaction. That student got upset that other students were around when I said she had a reaction.
Expert:  Asad Rahman replied 1 year ago.

I think they are overreacting then. They are members of the program so those types of disclosures are not uncommon.