Most experienced nurses have a solid understanding what the term ‘confidentiality’ means in relation to patient privacy without needing a 10 week course in relating to what the general public has access to. It is relatively simple, or was before the massive governmental regulations bored itself down on every comma, period and sentence ever printed on health records.
What about the nurse who gets investigated by the AZBN and submits themself to evaluations by providers and pays for that evaluation themselves. Being of sound mind and body the future of those records are guarded from release to the public, most of the time, depending upon the politics of the case and, more importantly, what that nurse agrees to on a consent agreement. The access to those evaluations, even for the nurse who bought and paid for an evaluation, is blocked by the attorney general, violating federal law. Siting some rinky dink state law sponsored by AZBN. As many Arizonians now are aware of the overburdened government is overburdened by the overburdened government. That isn’t a typo. Rules, laws, laws,rules and the continued monster growth of a government is so far removed from the Goldwater foundations there isn’t enough sky up there to float another bond to pay for this overburdened monster.
Any consent agreement you sign for the AZBN is about protecting the faults and errors of the AZBN and the attorney generals’ office. This process has zero to do with protecting the public. However, it does not over ride Federal law for access to those who have paid for an evaluation and the record can ALWAYS be made available to that person. In the ‘Rino’ state of Arizona you’ll need to file suit to get your own records that you paid for.
The predictable response from the most predictable AAG
Licensed Clinical Psychologist #4220
1680 Iron Spring Road, Suite 103 Prescott AZ 86305
(928) 458-5817 www.drcindyrollins.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by e-mail and destroy all copies of the original message and attachments.
From: Campbell, Elizabeth<Elizabeth.Campbell@azag.gov>
Date: Wed, May 16, 2018 at 12:20 PM
Subject: Lynn Reichle
To: “firstname.lastname@example.org” <email@example.com>
Cc: “firstname.lastname@example.org” <email@example.com>
As you know, I am one of the Assistant Attorney Generals who represents the Arizona Board of Nursing. Although I do represent the Board, please note that I do not represent you and cannot provide you with legal advice. I understand that Ms. Reichle has requested documents from you related to the evaluation that you performed on behalf of the Board in September 2015.
In connection with your evaluation of Ms. Reichle in September 2015, Board staff sent you documents from the Board’s investigative file. Under ARS 32-1664(M) and (N), documents received and maintained by the Board as a result of its investigation are confidential. Because you were acting as a consultant for the Board in performing the evaluation, documents provided by the Board remain confidential in your possession. Specific items from the Board’s investigative file are available to a respondent under ARS 32-3206, but that is only in connection with an administrative hearing, and those items would come from the Board (not the evaluator).
In this case, instead of pursuing an administrative hearing, Ms. Reichle resolved her Board case with a consent agreement in November 2015. Ms. Reichle did not comply with the consent agreement and, pursuant to its terms, her RN license and AP certificate were revoked in January 2016. Ms. Reichle’s Board case is closed and she is not now entitled to receive documents from the Board’s investigative file at this time.
If Ms. Reichle has requested documents not addressed in this e-mail, please let me know, and I will provide further information with regard to those specific requests. Also, if Ms. Reichle were to take any legal action to obtain confidential documents, please let me know so that the Board can take appropriate action.
Assistant Attorney General
Assigned to the Arizona Board of Nursing
The roaring lion needs to go back to law school. Law allows provider to decide. Suppose to. The dedication of this post, and other posts, is in direct evaluation that the A.G. office is directly noted with obstructional actions. Can it be confused with being legally correct. It is when you don’t have to answer to anybody. Confused about the legalities related to health care records?? If there is a law it doesn’t matter when you are with the A.G. .
On a lighter note, rumor has it Stormy Daniels is challenging Joe Arpaio for the vacant senate seat.