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Regulations and protocols

FERPA Federal Family Educational Rights and Privacy Act
FERPA purpose? -Protect student educational information from public posting or access -Protect 18 + students privacy from parents
Under FERPA What can't parents know? Schedule, grades, financial aid
FERPA affected providers Educational Institutions or students that get federal funding is protected under FERPA
FERPA protected information Academic information , Personal information , Disciplinary record , student ID card , annual notification , request information in writing, No fee may charged
Academic information examples grades, major, degree, participation in groups or activities; not including pear graded papers prior to possession by the instructor
Personal information examples name, address, phone number, CIN, parents data, SSN, any electronic ID, biometric information, or any combination of information that might lead to the identification of the student
Disciplinary record examples exceptions for some criminal convictions and if the individual is considered a threat to the public
Student or legal representative may request information in writing example valid warrant or subpoena
Categories of information public information, Sensitive Information , Highly Sensitive Information, Identifiable Information , De-identifiable information
Public Information Available to the public related to the operation of the service and without potential to damage the client or service provider -school address, school phone number
Sensitive Information Information released only within the organization or agency necessary for successful interaction with the client. -research data, public safety information, financial donor information, system access passwords, security records
Highly Sensitive Information Requires client permission for release; limited access; potential to cause extreme damage -SSNs, DLs, HIV teen sexual information
Identifiable Information Data that allows the client to be identified; client permission; limited access - pictures, eye color, finger print, gender, ethnicity
De-identifiable information Data that cannot lead to the recognition of the client; Data in aggregate that separately would be identifiable -health information,
T/F HIPAA has precedence over FERPA True
HIPPA Health Insurance Portability and Accountability Act (1996)
HIPPA purpose? Protect Patient Rights and Electronic information
Who is under HIPPA Health Care Providers, Self-Insured Plan Employees EMTs, Anyone with access to medical records -Doctors, Nurses, Interns , OT, PT, Athletic Trainers, Adapted P.E. Teachers, Clerical Staff, Maintenance Personnel, Volunteers, Assistants, Counselors
What information is protected under HIPPA -Electronic Records- passwords, security questions -Written Records - safe, locked cabinets -Phone conversations -Formal or informal verbal interactions -Anything related to physical or mental health. -Any health care records, payments, schedules
Security requirements HARD COPIES -Limited access for work purposes only, Secured when not in immediate use ELECTRONIC INFORMATION - Primary Concern, Administrative safeguards,Physical safeguards, Technical safeguards, Organizational Requirements - Policies and Procedures
Parental access under 18 The parent designated as “personal representative” access to all academic and disciplinary records Access to health records if the child is a dependent or is a danger Emancipated minors have individual rights Any info can be held if it is best interest
California minor sexual consent laws -Minor (11-13+) has full control for HIV, STD test results, Pregnancy results, contraception
Pregnancy Not permitted to tell
Contraception Not permitted to tell
Abortion Not permitted to tell
Emergency Medical services Shall tell – services can be performed without consent if life-threatening
Sexual Assault/rape Shall attempt to contact EXCEPTION: Not required if the parent/guardian might be involved or informing would be detrimental to the patient
X-rays in re: child abuse Not permitted to tell
Outpatient Mental Health Required to tell EXCEPTION: Not if the parent is involved or informing would be detrimental to the patient
Infectious, contagious or communicable diseases Not permitted to tell
AIDS/HIV Not permitted to tell
Rape12+ years 15 or less permitted
General Health care 15+ may advise
Created by: rmart11