A phlebotomist's neighbor is a patient on the unit, and another neighbor asks how the patient is doing. What is the appropriate response?
- Share only the good news about how the patient is
- Confirm the admission but give no details
- Suggest that they ask a nurse on the unit
- Say that patient information cannot be discussed
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D. Say that patient information cannot be discussed
Even confirming that a person is a patient discloses protected health information without authorization. Information is shared only with those who need it to provide care or who are otherwise authorized.
Reference: HIPAA Privacy Rule: permitted uses and disclosures
Which action by a phlebotomist is a breach of patient confidentiality?
- Checking a patient's order before collecting blood
- Looking up a coworker's lab results out of curiosity
- Telling the nurse that a patient refused a draw
- Confirming a patient's date of birth at the bedside
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B. Looking up a coworker's lab results out of curiosity
Access to records is limited to what is needed to do the job; viewing a chart with no work-related reason is a violation even if nothing is repeated to anyone. The other actions are part of providing care.
Reference: HIPAA Privacy Rule: minimum necessary standard
A phlebotomist draws blood from a competent adult who has clearly refused the procedure. Which legal term applies?
- Negligence
- Slander
- Abandonment
- Battery
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D. Battery
Battery is intentional touching without consent, which includes performing a procedure the patient has refused. Negligence is a failure to use reasonable care, without any intent, so it does not fit this case.
Reference: Legal aspects: intentional torts