A nurse was a volunteer in a faith community when a police officer asked for specific information related to a member’s behavior and mental health. The faith community nurse (FCN) told the police officer, “I’m a part-time volunteer; I’m not paid.
A nurse was a volunteer in a faith community when a police officer asked for specific information related to a member’s behavior and mental health. The faith community nurse (FCN) told the police officer, “I’m a part-time volunteer; I’m not paid. Besides, I have client-professional privileges so I can’t share information with you.” Which of the following will most likely be the outcome of this encounter?
a.
The Health Insurance Portability and Accountability Act (HIPAA) will require the nurse to maintain confidentiality.
b.
The matter will be referred to the faith community leader for resolution.
c.
The nurse is still accountable and has no legal right not to disclose information requested by a legal authority.
d.
The police officer will have to accept the nurse’s refusal to share information.
ESSAYBID ANSWER
ANS: C
Volunteers in a church are held to the same degree of accountability as are paid employees. Ministers, both ordained and nonordained, may be required to disclose confidential information in court. FCNs, as nonordained ministers, do not have client-professional privilege. Thus, HIPAA does not apply as the information has been requested by a police officer and there is not client-professional privilege involved. The faith community leader is not able to offer a resolution to this problem as client-professional privilege does not exist in this situation. Because there is not client-professional privilege, the police officer does not need to accept the nurse’s refusal to share information.
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