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February 27, 2008

Walking the Tight Rope: HIPAA vs. Nursing Board Reporting

You are a staff nurse in a small rural hospital. You are working from 7am to 7pm today. You enter the conference room only to find you are caring for a fellow nurse who was admitted for a suspected drug overdose. You don't know this nurse however its the talk of the unit. This nurse tested positive for several illegal drugs including marijuana and heroin. The nurse-patient is not an employee of the hospital.

Are you morally, ethically and/or legally required by the State Nurse Practice Act to report this nurse to the State Board of Nursing or does HIPAA and state privacy laws prohibit the reporting? What does the ANA Code of Ethics mandate in this situation? What would you do in this situation? What are your concerns?

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