In response to your questions, Z.H. tells you that she took fentanyl and that she has been

Question

using fentanyl she has taken from the hospital "periodically" for the past several months.

How does the Health Insurance Portability and Accountability Act (HIPAA) apply given that Z.H. is a nurse?

Answer 1

This varies by state. In many states, if a nurse encounters another nurse as a patient, the treating
nurse cannot report the patient/nurse's substance abuse unless the treating nurse determines that
patient/ nurse may constitutes a danger to the health and safety of a person or the public if they
continue to practice. The nurse's disclosure must be made to a person who is reasonably able to
prevent or lessen the threat. So if the treating nurse thinks the nurse/patient needs to be reported
for an issue that the nurse discovered from caring for the nurse/patient, the nurse needs to answer
the following questions: Is the disclosure required by law in your state? If not, do not report. If yes,
then does state law provide an exception to mandatory reporting when the impaired nurse is a
patient? If so, do not report. If not, will the disclosure be necessary to prevent or lessen a serious and
imminent threat to the health or safety of a person or the public?