[humanser] Penalties for Breaching Client confidentiality

[Marion Gwizdala]

Dear all,

 

          I think it is important to remind everyone that this is a publicly archived list that is accessible by any member of the general public. It is also important to remind everyone that client confidentiality is not only an individual duty, it is a legal requirement, the breach of which carries very serious penalties for licensed healthcare practitioners. Therefore, posting messages to this list about one’s clients is a violation of client confidentiality. In order to help everyone understand the legal ramification of breaching client confidentiality, let me share with you what Florida law says about this issue. I believe all other states have similar provisions.

 

Florida statute 491.009(1) entitled “Discipline” states, “The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0456/Sections/0456.072.html> 

(u) Failure of the licensee, registered intern, or certificate holder to maintain in confidence a communication made by a patient or client in the context of such services,”

 

And provides the following penalties for violating this section:

 

456.072(2) When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties:

(a) Refusal to certify, or to certify with restrictions, an application for a license.

(b) Suspension or permanent revocation of a license.

(c) Restriction of practice or license, including, but not limited to, restricting the licensee from practicing in certain settings, restricting the licensee to work only under designated conditions or in certain settings, restricting the licensee from performing or providing designated clinical and administrative services, restricting the licensee from practicing more than a designated number of hours, or any other restriction found to be necessary for the protection of the public health, safety, and welfare.

(d) Imposition of an administrative fine not to exceed $10,000 for each count or separate offense. If the violation is for fraud or making a false or fraudulent representation, the board, or the department if there is no board, must impose a fine of $10,000 per count or offense.

(e) Issuance of a reprimand or letter of concern.

(f) Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found.

(g) Corrective action.

(h) Imposition of an administrative fine in accordance with s. 381.0261 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0381/Sections/0381.0261.html>  for violations regarding patient rights.

(i) Refund of fees billed and collected from the patient or a third party on behalf of the patient.

(j) Requirement that the practitioner undergo remedial education.

In determining what action is appropriate, the board, or department when there is no board, must first consider what sanctions are necessary to protect the public or to compensate the patient. Only after those sanctions have been imposed may the disciplining authority consider and include in the order requirements designed to rehabilitate the practitioner. All costs associated with compliance with orders issued under this subsection are the obligation of the practitioner.

 

Fraternally yours,

Marion Gwizdala 

 

          I have been to the proceedings of the Board of Clinical Social Work, marriage and Family Therapy, and Mental health Counseling and will tell you without a doubt,