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The Journal of School Nursing
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Legal And Ethical Issues

Privacy Questions From Practicing School Nurses

Katherine Pohlman, RN, MS, JD, Section Coeditors
Nadine Schwab, RN, MPH, PNP, NCSN, FNASN
Martha Dewey Bergren, RN, DNS, BC, NCSN, FNASN

Martha Dewey Bergren, RN, DNS, BC, NCSN, FNASN, is with the University of Illinois at Chicago College of Nursing, Chicago, IL.We are pleased to welcome Martha Dewey Bergren, RN, DNS, as a guest author for the October 2004 Legal and Ethical Issues section. Dr. Bergren was invited to publish this Question and Answer column on the issues regarding the Health Insurance Portability and Accountability Act (HIPAA) and Family Educational Rights and Privacy Act (FERPA) as a follow-up to the August Question and Answer column on school health records. The invitation was extended based on continued requests for HIPAA-related assistance from the field, priority recommendations of the HIPAA Advisory Task Force of the National Association of School Nurses, and Dr. Bergren’s nationally recognized expertise on the HIPAA Privacy Rule and its implications for schools and school nursing practice

This Question and Answer (Q&A) article addresses practice issues related to school health records and school nursing documentation that were posed by school nurses in the field. Specifically, the questions addressed concern the following: education records, medication privacy issues, sharing of sensitive health information, privacy of individual student logs, use of record access logs, and the use of spreadsheets and home computers for creating student records. The Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Records and Privacy Act (FERPA), and other laws are addressed as appropriate.

Key Words: confidentiality • documentation • education records • elementary schools • Family Educational Right to Privacy Act (FERPA) • Health Insurance Portability and Accountability Act (HIPAA) • health records • information systems • nursing records • privacy • records • school nursing • secondary schools • security • student records

The Journal of School Nursing, Vol. 20, No. 5, 296-301 (2004)
DOI: 10.1177/10598405040200050901
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