confidentiality breach by the board

[south2]

I was arrested back in Nov. for attemting to obtain a controlled sub by fraus or deceipt ( called in my own script and got busted). I am dealing with the BON for a possible diversion program. I went to work the other day and a co-worker told me that they knew about my problems and wanted to offer support. As fine as that is I did'nt tell ANYONE about my deamings with the BON or the arrest and this person confided to me that a member of the BON knows him and divulged all of my confidential info to my co-worker!!! The member told my co-worker details of the event that happened. What are my rights here??? If this member told my co-worker and they tell other people my possible job ops could be even more slim than they are now. I feel very violated by the BON and I am not sure what I should do now. Any suggestion??? Thanks!!

[AmandaWIRN]

Any time anyone gets arrested & charged with a crime, it's a matter of public record. Many states have court web sites where you can actually look up any person & see what they have been arrested of- even things like speeding tickets are public record. Also, many state boards of nursing publish lists of all nurses facing disciplinary action. There is no "HIPPAA" for the legal system, and legal preceedings (as long as they don't pertain to a minor) are all public record.

[south2]

I do understand that arrests are a public record, however, the BON distinctly told me that the matter with these cases are kept strictly confidential. So, for a board member to call a co-worker and tell of all these facts is why I am upset and feel violated.

[CABAYRN]

I can understand why you feel so violated. All matters with the BON are confidential until there is a settlement. For example, in CA diversion participation and successful completion are confidential and expunged from your record. However, the matter becomes public if the nurse chooses not to complete diversion or rather opts to do probation.
I think you should ask yourself what do you have to gain by going after the BON member. If you want your license, pissing off a BON member may not be way to go. If you have a arrest, it is already public record anyway. You also mention, 'when I went back to work'. Are you still working as a RN? If so, consider yourself lucky!

[south2]

I am still working as a RN. I do feel extremely lucky. The only thing I can think is that there is such a nursing shortage in the great state of KY. I don't want to go after this board member but I do want them to realize that someone internally is leaking confidential and priveleged info. Thanks for your reply!!!

[nurse0803]

So sorry to hear of your diversion arrest. I am curious to know how long was it after you called it were you arrested? Was it when you picked it up or later and if later how long. I am curious because I have a friend through a friend that I believe did the same thing and was just wondering. Thanks.