what might a nurse need to do to ensure the continuation of his or her nursing license?
Nurse upset past asking to disembalm psychiatric intendance history
An RN submitted a question almost needing to utilise for a license in another state because, as a case manager, her employer requires all RNs to have licenses in u.s. in which they provide example management.
The state lath she practical to asked her to disembalm information about any psychiatric treatment and history. The RN said she was quite upset about this request, stating that she had sought treatment voluntarily, went on disability for ane year, was successfully treated and returned to work taking her medication.
Moreover, she connected, isn't one's psychiatric history confidential unless a complaint is lodged with the country board?
First and foremost, information technology is important to point out that, generally, a person's psychiatric history is confidential. States and the federal government assure this with legislative statutes, such equally mental health confidentiality laws and through HIPAA provisions. Equally a result, a treatment facility, for example, cannot share any information about your treatment, such as its outcome or if you are still under treatment, unless you give that facility consent to share that information.
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However, the confidentiality nosotros enjoy under these laws is not absolute. For case, if you are thinking of harming another person and you share that information with your therapist, the therapist is required to take steps to ensure, insofar equally possible, that the harm does non happen. These steps could include discussing your comments with your psychiatrist, evaluating whether you intend to act on your feelings and, if necessary, notifying law enforcement and/or the person you thought to harm.
In the RN's situation, however, her treatment facility and those who treated her were non asked to share her history with the board. Rather, the board is asking the RN directly about her psychiatric history. She, and then, is the one who would disclose this information, so no breach of confidentiality under any law would be taking place.
As you know, the obligation of any state board of nursing is to protect the public past ensuring that those who are licensed are competent and safe practitioners. Equally a issue, they take the authority to inquire applicants, and those who renew their licenses, a great deal of information, including if the applicant has whatever criminal convictions and has had psychiatric care.
Such questions in and of themselves practise not necessarily mean that an applicant or i who is seeking a renewal of their license will not be granted a license. Rather, the information is sought in order to carefully evaluate whether yous meet the criteria established by the state board to practice competently and safely.
Often, a lath may want to meet personally with an applicant if information technology has questions about the data provided past the RN.
Because integrity and honesty are essential qualities of a nurse, it is vital that your application for licensure be true and complete. Providing all requested information is disquisitional so that your situation can be evaluated with the attention it needs, and the right decision well-nigh licensure tin can be made.
If y'all are asked about your psychiatric history when you utilize for a license in any country, your approach should be to:
• Respond honestly and factually to the question(due south) asked.
•Adhere messages from handling personnel who tin honestly support your success with treatment.
• Attach a alphabetic character of recommendation from your current employer discussing your nursing practice and your success at work.
• Attach your latest performance evaluation from your immediate supervisor.
• Remember that if you falsify or intentionally omit data requested, you may be denied the license y'all are applying for.
• Consult with a nurse chaser or attorney in your land who tin can help yous formulate any required statements, responses to questions asked and documents that are required to be included with your awarding.
Courses Related to 'Rights and Responsibilities'
CE513: HIPAA and Confidentiality (one contact hr)
The federal Health Insurance Portability and Accountability Act was implemented in 1996 and has been revised since then. HIPAA can refer to guidelines that protect your ability to maintain your health insurance as you move from job to job or place to place ("portability"). HIPAA can also refer to efforts to simplify the administration of health insurance. These efforts include the creation of national standards for diagnostic terms, insurance forms and provider identification. Peradventure the most common utilise of the term for healthcare professionals, however, involves protecting the confidentiality and privacy of healthcare data. In this module, you lot will larn about parts of HIPAA, especially as they concern nursing and other health professionals and the protection of healthcare information. Considering yous play a fundamental role in the product of healthcare information, yous play a key role in its protection.
CE548: Protect Yourself (1 contact hr)
Nurses have an obligation to keep abreast of current issues surrounding the regulation of the practise of nursing, not but in their respective states, only also across the nation, particularly when their nursing practice crosses state borders. Considering the practise of nursing is a right granted by a state to protect those who need nursing care, nurses have a duty to patients to practice in a condom, competent and responsible manner. This requires a nurse licensee to practice in conformity with their states statute and regulations. This course outlines information about nurse do acts and how they bear upon nursing practice.
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Our legal information columnist Nancy J. Brent, MS, JD, RN, received her Juris Doctor from Loyola Academy Chicago Schoolhouse of Law and concentrates her solo law practise in health law and legal representation, consultation and education for healthcare professionals, schoolhouse of nursing faculty and healthcare commitment facilities. Brent has conducted many seminars on legal issues in nursing and healthcare commitment across the country and has published extensively in the area of law and nursing practice. She brings more than 30 years of experience to her office of legal information columnist. Her posts are designed for educational purposes only and are non to exist taken as specific legal or other advice. Individuals who need advice on a specific incident or work situation should contact a nurse attorney or attorney in their state. Visit The American Association of Nurse Attorneys website to search its attorney referral database by state.
Source: https://www.nurse.com/blog/2017/10/11/rn-concerned-about-disclosing-psychiatric-treatment-to-state-board/
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