Confidentiality

Berkeley College students are required by law to maintain the confidentiality of all patient information encountered at any clinical internship and/or practicum site. While the requirements of patient confidentiality are emphasized throughout the student’s coursework, all students are encouraged to visit the U.S. Department of Health and Human Services website (https://www.hhs.gov/hipaa/index.html) to review the entire Health Insurance Portability and Accountability Act (HIPAA) policy before beginning the clinical component of the program. In addition to complying with all federal regulations, Berkeley College students must comply with any specific confidentiality requirements, policies, and/or procedures established by the assigned internship and/or clinical site.

A patient’s right to confidentiality regarding his or her medical information, which includes confidentiality of personal and social information, is a fundamental healthcare tenet. Accordingly, students must remain mindful of the following basic requirements:

Patients must not be described in any identifiable way for purposes other than the provision of direct patient care. When discussing experiences involving patients with third parties for legitimate educational purposes, using patient initials, exact descriptions, or locations of patients - either on paper or online - is strictly prohibited. Students are to use generalities only, so that no patient can be clearly recognized.
While participating in clinical rotation(s) students shall not videotape, photograph or make audio recordings of themselves, their fellow students, their instructors, or their patients for any reason.
The public discussion of any patient who is identified by name or whose identity can be derived from other circumstances (or the condition of such patient) without consent violates patient confidentiality and ethical principles. This includes any discussion held in public areas such as elevators, hallways, and cafeterias. It also includes any discussion held in any media forum (such as print media) or any virtual forum (such as websites or social networking sites). Classrooms, pre- and post-conferences, and/or laboratory settings may be used for such discussions, but only for legitimate educational purposes.
Students should only obtain information about those patients who are assigned to their care for that clinical day. At no time should students use their position in the clinical setting to seek information about a patient other than the patient(s) to whom they have been assigned.
Copying, scanning, and/or removing any portion of a patient’s medical record or printed patient information from the healthcare facility is strictly prohibited.

Social networking has become one of the main sources of communicating in today’s world. However, its use can have major legal and ethical implications for healthcare workers with regard to patient privacy and confidentiality. Students must comply at all times with the requirements of HIPAA and must be especially mindful of patients when using social media. For instance:

References to patients, patient data, or clinical experiences involving patients or their family members are not to be included in any part of the social networking environment. Social media breaches include, but are not limited to, tweeting confidential or proprietary information about clinical facilities and/or rotations and taking ‘selfies’ while participating in clinical rotations and posting them on social media sites.
Students are strictly prohibited from posting any information pertaining to or descriptive of a clinical site, instructor/preceptor, patient, employee, fellow student, or procedure. This includes revealing the location of a clinical site either by posting or by providing content with GPS locator evidence (such as digital photographs).

Students who disclose restricted patient information may face serious consequences. For example, federal law provides for fines up to $250,000 and imprisonment up to 10 years for misusing protected patient information for commercial advantage or malicious harm. Students found in violation of the Berkeley College Confidentiality Policy will be subject to disciplinary action, up to and including immediate suspension or dismissal from the College. For additional requirements concerning the use of social media in connection with Berkeley College matters, click here.