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The Journal of School Nursing
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Legal and Ethical Issues

Records—The Achilles’ Heel of School Nursing: Answers to Bothersome Questions

Katherine Pohlman, RN, MS, JD, Section Coeditor
Nadine Schwab, RN, MPH, PNP, NCSN, FNASN, Section Coeditor
Nadine C. Schwab, RN, MPH, PNP, NCSN, FNASN
Katherine J. Pohlman, RN, MS, JD

This article addresses practice issues related to school health records and school nursing documentation. Because the issues have been posed by practicing school nurses, the article is in Question and Answer (Q&A) format. Specifically, the questions addressed concern the following: ownership and storage location of student health records when the school nurse is contracted from a community health agency rather than employed by the school district; documentation of sensitive health information on students’ health records including pregnancy, drug and alcohol abuse, mental illness, history of suicide attempt, and HIV status; inclusion of medical diagnoses and current medications on a student’s Individual Educational Program (IEP); and Health Insurance Portability and Accountability Act (HIPAA)-permitted communications between school nurses and health care providers related to students’ immunization status, regarding a student’s treatment needs in school, and via facsimile (e.g., records of immunizations, completed physical examination forms, and medical orders). HIPAA, the Family Educational Records and Privacy Act (FERPA), and other laws are addressed as appropriate, and resources for obtaining further information are included.

Key Words: confidentiality • documentation • education records • Family Educational Records and Privacy Act (FERPA) • Health Insurance Portability and Accountability Act (HIPAA) • nursing records • privacy • records • school health records

The Journal of School Nursing, Vol. 20, No. 4, 236-241 (2004)
DOI: 10.1177/10598405040200041001
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