LEGAL ISSUES - CSNO法律问题——加利福尼亚学校护士组织.pptVIP

LEGAL ISSUES,LEGISLATION AND HIPAA/FERPA in SCHOOL NURSING PRACTICE * Cathy Owens, R.N., M.Ed., NCSN cowens@murrieta.k12.ca.us Factors that Influence our Practice Increased students with medically fragile conditions Nurse/student ratio State and Federal laws County and State regulations District health policies Expanded role of the school nurse Legal Considerations Federal Regulations IDEA, 504, ADA, FERPA HIPAA, OSHA State Regulations and Guidelines Legislation, CEC, Health and Safety Code, NPA, CCTC Standard of Practice CSNO/NASN Policies Local Regulations and Policies County mandates, “Like practice” School District Policies Board Policies and Administrative Regulation Manuals/guidelines FERPA Family Educational Rights and Privacy Act Applies to all educational agencies (or anyone who receives federal funding from Dept of Ed-therefore private schools are usually exempt) Right to inspect, review and amend student records Educational record=directly related to student and maintained by educational agency Health records-part of educational record IEP-records are covered under FERPA FERPA-con’t School officials, including teachers, that the school or district has determined to have legitimate educational interests”. Health concerns notification…?? In an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals” Instances of abuse or neglect. Mandatory reporting of communicable diseases Information that is required by a school to which the student is transferring. Certain legal situations including subpoenas or investigations of criminal offenses. FERPA-Nurse’s notes If a school nurse maintains personal notes, are they part of the educational record and thus subject to FERPA? No, but only if all of the following criteria are met: The notes are kept only as a memory aid; They remain in the sole possession of the writer; They are shared with no one except a temporary substitute nurse; and They are n