Legal Opinion · Dissent

State Ex Rel. Protective Health Services State Department of Health v. Vaughn

Supreme Court of Oklahoma

Decided November 16, 2009No. 104,704Published

1DissentWatt, J.

T1 The majority holds that the certified nurse aide's photocopying and dissemination of a patient's records for her own purposes will not support a finding of misappropriation of a resident's property sufficient to require her name to be placed on the Oklahoma Nurse Aide Registry. It does so although the aide's actions violated federal and state law and the patient's statutorily guaranteed privacy rights.1 Furthermore, it is undisputed that the aide made no attempt to obtain the permission of the patient or the patient's personal representative and disseminated the records without redacting…

2Cases cited20 opinions

  1. Oral Roberts University v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1985
  2. Clifton v. CliftonSupreme Court of Oklahoma · 1990
  3. Vaughn v. Epworth VillaCourt of Appeals for the Tenth Circuit · 2008
  4. McClure v. ConocoPhillips Co.Supreme Court of Oklahoma · 2006
  5. Wylie v. ChesserSupreme Court of Oklahoma · 2007

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