Author Question: After classroom discussion regarding confidentiality policies and laws protecting client records, a ... (Read 109 times)

V@ndy87 · **on:** Jul 23, 2018

After classroom discussion regarding confidentiality policies and laws protecting client records, a student asks why it's permissible for them to review and have access to client records in the clinical area.

The nurse educator responds correctly by stating that:
1. Confidentiality and privacy laws don't apply to students.
2. Most students review so many records and charts that they could not possibly remember details from any one of them.
3. Records are used in educational settings and for learning purposes, but the student is bound to hold all information in strict confidence.
4. As long as the clinical instructor is in the area, accessing client records is part of the education process.

Question 2

A client who is being transferred to a rehabilitation center asks the nurse if he can take his chart with them, since it's his record. The nurse responds correctly by saying:

1. You'll have to ask your doctor for permission to do that.
2. Actually, the original record is the property of the hospital, but you are welcome to copies of your records.
3. We'll make sure that all of your records are sent ahead to the rehab hospital, so you don't really have to worry about those details.
4. There's a new law that protects your records, so you're not going to be able to have access to them.

bimper21 · **Reply #1 on:** Jul 23, 2018

Answer to Question 1

Correct Answer: 3
Rationale 1: This option is not correct, the laws do apply to students.
Rationale 2: While this may or may not be a true statement it is not an appropriate response to the student's question.
Rationale 3: For purposes of education and research, most agencies allow students and graduate health professionals access to client records. The student or graduate is bound by a strict ethical code and legal responsibility to hold all information in confidence. It is the responsibility of the student or health professional to protect the client's privacy by not using a name or any statements in the notations that would identify the client.
Rationale 4: While this is true it should not imply that the laws of confidentiality don't apply to students.

Answer to Question 2

Correct Answer: 2
Rationale 1: The doctor's permission is not a requirement for the release of a client's medical record.
Rationale 2: Although the client's record is protected legally as private, access to the record is restricted to health professionals involved in the client's care. The institution or agency is the rightful owner of the client's record, but the client has the right to access all information contained within his own record and to have a copy of the original record. The hospital has the right to charge a fee for the copying costs. The Health Insurance Portability and Accountability Act (HIPAA) is a law enacted to protect health information and maintain confidentiality of client records.
Rationale 3: The client does have a legal right concerning his medical record so this option doesn't adequately address his question.
Rationale 4: This option is not correct, the client does have a legal right to access his medical records.