Finding out that the California Board of Registered Nursing has requested your employment or medical records can be unsettling. What are they looking for? Is your nursing license at risk?
The California Board of Registered Nursing is tasked with protecting the integrity of the nursing profession by monitoring licenses and enforcing state regulations. As part of this mission, the board sometimes needs to request medical records or employment records.
Before responding to a board request for health information, it is important to understand why your records are being requested and what rights you may have. While you have to comply with the investigation, you also have rights. How you respond could impact the investigation and the future of your professional license. Here’s what you need to know about your medical record.
Why the Board Requests Medical Documentation
The California Board of Registered Nursing has the authority to investigate complaints involving licensed nurses. During these investigations, the board may seek records that it believes are relevant to determining whether a violation of the Nursing Practice Act occurred. Here are some scenarios where the board may request a nurse’s employer or medical records:
- Allegations of substance abuse
- Mental health concerns
- Claims of workplace misconduct
- Complaints about patient care
- Criminal allegations
- Fitness-to-practice investigations
The board may use the information to evaluate whether disciplinary action is appropriate.
Medical Records and Health Information Requests
Your medical records contain highly personal and sensitive information, especially if you have been dealing with a challenging mental health or physical health issue. A request from the board does not necessarily mean that disciplinary action will occur, but it does indicate that the information may be considered relevant to the investigation. Medical records requests are common when:
- A nurse discloses a medical condition that could impact their ability to care for patients
- There are allegations involving impairment
- Someone has raised concerns about substance abuse
- A nurse’s fitness to practice is being evaluated
Medical records can contain information unrelated to the investigation, so you should carefully review the scope of the request so that you can protect your medical privacy.
Employment Requests Records Access
The California Board of Registered Nursing may also request employment records from your current or former employers. These records may include the following information:
- Personnel files
- Disciplinary history
- Performance evaluations
- Attendance records
These records can have a notable impact on how an investigator views a case. Statements made by supervisors or coworkers can become part of the board’s review.
Should You Automatically Release Records?
Many nurses believe they must immediately sign authorization forms and provide unrestricted access to requested records. However, every situation is unique. Before you respond, consider the following:
- What records are being requested?
- Why is the board asking for those records?
- Is the request appropriately limited by HIPAA?
- Could the records contain irrelevant information?
- Do you have privacy concerns?
It can be tempting to just sign the release form and let the board have your records. However, that may not be the right move, even if you have nothing to hide. Look at the scope of the request and what information the board is asking for. If you feel like it is too broad, pause and speak with a lawyer.
Why Signing a Broad Release Form Is Risky
Signing a broad release of information authorization can provide the board with access to more information than necessary. For example, your medical records may contain unrelated diagnoses and treatment information that is not relevant to the investigation.
Providing records without understanding how they may be interpreted or used in an investigation can make things complicated for you. It’s best to bring in a license defense lawyer for guidance so you can understand the scope of the request before turning over the information.
The Importance of Legal Guidance
You should never take a California Board of Nursing investigation lightly. The investigation can impact your ability to work and your professional future.
Working with an attorney who handles professional license defense matters can help you:
- Identify the scope of the documentation request
- Address any privacy concerns about your medical information
- Respond strategically
- Protect your professional interests
- Prepare for the investigation
A records request does not automatically mean discipline will occur. However, you should take the request seriously and be prepared for a potential investigation to follow. Rather than rushing to respond, focus on the nature of the investigation and the potential implications of releasing records.
If you’ve received a records request from the BON, S J Harris Law can help you handle your next steps. Contact us for a free 30-minute legal phone consultation.
