Accessing Your Own EHR Doesn’t Seem Like a Big Deal. It Is.
If you’re a licensed nurse, one thing you know beyond the shadow of a doubt is that you absolutely cannot access a patient’s electronic health record (EHR) if you’re not authorized to. They’ve been hammering on this point home since day one.
One thing they probably haven’t talked about: what if it’s your own chart? Can you use your nursing credentials to access it via your facility’s EHR portal?
The answer is unequivocally NO. If you do it, you’re likely to face discipline at work and, separately, by your state’s medical licensing board. That doesn’t have to mean you’ll lose your license, however. Call the Professional License Defense Team at the LLF National Law Firm, and we’ll ensure your case gets the fair treatment you deserve. Our mission is to protect your license. Call 888-535-3686 or send us a message online, and we’ll get started.
When Is a Nurse Not a Nurse?
Nurses are human beings, and that means nurses are sometimes patients. But when it comes to accessing their own EHR, they can’t be both at the same time.
Your EHR allows you to access patient records for one reason: you need to see them because it’s your job to know what’s going on with the patients under your care. If you’re on the clock, caring for patients, you’re not a patient yourself.
Conversely, if you’re at work and you want to see if your blood test results are back, you’re acting in that moment as a patient, not a nurse — and patients aren’t authorized to access the EHR system. If you need to see yours, do what the other patients do: use the patient portal.
Nurses Are Professionals; Patients Aren’t
EHR systems automatically keep track of everything a user does, and compliance departments monitor that data for self-access. They can see that you accessed your record, even if it was just a quick peek.
Your employer will certainly have something to say about the unauthorized access of your own EHR, but your bigger trouble is likely to be with your licensing board. For boards, accessing a patient’s EHR without authorization, even if it’s your own, represents unprofessional conduct.
Your board doesn’t particularly care that the record you looked at was your own. All your board is concerned with is the fact that you broke the rules and went into a record without permission, thereby violating the standard for professional conduct.
When your board receives a complaint about your EHR access, it’s most likely going to:
- Investigate the allegation, including a review of the electronic data from the EHR platform
- Respond, if it finds culpability, with:
- A formal reprimand, or
- A fine or a requirement for remedial training, or
- Suspension or revocation of your license
Call the Professional License Defense Team
Did your quick perusal of your own EHR harm anyone? No. Does this matter to your licensing board? No.
This doesn’t mean you can’t fight back, starting with insisting on due process and a fair hearing where you tell your side of the story. The LLF National Law Firm’s Professional License Defense Team knows how to ensure both. Send us a message and tell us about your case, or call us directly at 888-535-3686.