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Customer Question

RN-Washington
A drug test was requested by my manager for displaying some odd behavior (appearing
frantic and spacey, speaking rapidly, and jerky body movement, etc...)
None of my coworkers noticed anything different in me (nurses, MD, supervisor,..)
Results: negative.
I was not allowed to return to work until i had a "fitness for duty" exam.
No mistakes. no complaints. My safety to care for patients had never been an issue
Met with pychotherapist of their chosing. I was cleared to return to work.
I called to remind him not to accidently include any personal info. we discussed during our
session.
He explained that he was simply following the guidelines specified in a document called "protocol for conducting a mental/physical health eval on a licensed nurse" and therefore, able to release the info. This was the first time i heard about this document.
No disclosure. I repeatedly told him that he did not have my consent. He released it (18 pages) to my employer. Horrifying

Submitted: 380 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: United States

Already Tried:
The nursing union rep. advised me to seek the expertise of a lawyer.
Other issues-
      1. almost everyone in my department knew about the
      drug test.
      2. After returning to work, the harassment began.
        My manager wanted to speak to me about a serious
        pt. complaint. i asked her to wait a few
        minutes while i was completing my documention a
        on a patient. She stared at me the whole time,
        as if waiting for me to do something crazy.
        The worse part is that my co-workers witnessed
        her staring at me.
        Marie had told me that a patiet i had taken
        care of a few days earlier accused me of
        falling on him, twice. I told her that i did
        not fall on anyone. She didn't believe me and
        looked at me like i was either a liar to crazy.
        THe funny thing is,I remembered everything
        about him (chief complaint, precip. factors,
        medications i had given him, etc...) Yet, i
        don't remember falling on him, twice. None
        of my co-workers thought i was unsteady on my
        feet. It was a busy night so i had ample
        opportunities to fall on other patients. But
        i didn't. I only fell on him.
        The most hurtful part of it all was that i had
        never given anybody a reason to not believe me.
        I wanted to go home so badly that night but i
        could't. We had no coverage. Because of the
        events earlier, i made a few small mistakes.
        In the past, i was always able to maintain my
        competence and concentration, no matter what
        was happening in my life.    
   By the time i was scheduled to work again, i had
   already decided to resign my position in the near future. However, i received a phone call from risk
management explaining that i will have to obtain a medical clearance prior to returning to work. Unpaid leave

 
 
 
 
 
 

Accepted Answer

Thank you for contacting our JA team for guidance.

 

If you did not consent in writing, it appears that the psychotherapist breached his ethical duty and HIPAA. I would first report him to the state licensing authority and then consult with a local employment law attorney with HIPAA experience.

 

The state bar association can provide you with attorney referrals. Look for one that takes contingency fee cases.

 

If your employer facilitated this violation, they may also be liable. I am very sorry this has happened to you. The stress you are experiencing is precisely why HIPAA was passed and therapists have a duty to their patients.

 

Please let me know if you need additional information.


Best regards XX XXX,

TG

___________________________________________________________________________________

Please press the "accept" button so I may be credited and paid for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Positive feedback and a bonus are always appreciated. Thank you very much.

NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

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Expert: Tina
Pos. Feedback: 98.9 %
Accepts: 3747
Answered: 8/24/2009

Lawyer

JD, BBA

 
 
 
 
 
 
380 days and 6 hours ago.

Customer Reply

Thanks XXX XXXXXXXXXX so quickly. Do you know of any employment lawyers in my area that take contingency fee cases?
Meme

 
 
 
 
 
 
Posted by Tina 380 days and 6 hours ago.

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