Legal Aspects Of Health Care Administration 11th Edition by George Pozgar

Exercise 8

Facts
Sanfiel, a psychiatric nurse, had his professional license suspended for 5 years after he intentionally disclosed confidential patient information to the news media. Sanfiel testified that he knew the information he possessed was confidential and that he understood the danger in disclosing psychiatric records to unauthorized persons. He also knew that a nurse could be disciplined for disclosing such information, yet he intentionally released information to the news media. The state board of nursing suspended Sanfiel's nursing license and placed him on probation for 5 years for disclosing confidential patient information.
Issue
Was the state board of nursing authorized to suspend Sanfiel's license because of his disclosure of information to the news media?
Holding
Sanfiel's professional license was properly suspended for a 5-year period after he intentionally disclosed confidential patient information to the news media.
Reason
Sanfiel obtained a computer, which was previously owned by Charter Behavioral Health System psychiatric hospital in Orlando. Charter's patient records were contained in the computer. Sanfiel testified that he reviewed this information and recalled that Charter was being investigated for defrauding the government. He contacted local law enforcement and the state attorney's office to initiate a criminal investigation. The agencies declined, telling him that the matter was outside their jurisdiction. Sanfiel then called the news media and allowed them to see the information concerning the patients. He asked that the patients' names be blurred to protect their identity. He told reporters that the hard drive contained the names of psychiatric patients, their admission dates, types of addiction, treatments, and psychiatric disorders. The story was broadcast along with the patients' names and diagnoses shown on the computer screen. One of the journalists located and interviewed a patient identified from Sanfiel's computer. The patient was distressed over the fact that his confidential medical information was being exposed to the public.
Sanfiel violated Florida Administrative Code by violating the confidentiality of information or knowledge concerning a patient. Florida Code Rule 59S-8.005 states in part that unprofessional conduct includes violating the confidentiality of information or knowledge concerning a patient. The board reasonably interpreted this provision to apply to the circumstances present in this case. Sanfiel knew that a nurse could be disciplined for disclosing such information, yet he intentionally released the information to the news media. It is reasonable to characterize Sanfiel's actions as unprofessional conduct.
Describe what steps Charter could take to prevent similar occurrences in the future.