Summary
In California, disclosing a patients sexual orientation without consent is illegal under Civil Code 56.20. Harassment based on sexual orientation is prohibited by the Fair Employment and Housing Act. Patients have rights to privacy and confidentiality under the Patients Bill of Rights. Licensed professionals violating these rights can face disciplinary actions, including license revocation. Reporting such behavior to the California Department of Public Health or the licensing board is crucial to prevent further incidents.Full Conversation
i am currently in a skilled nursing facility. One of the cna’s kept asking me personal information about my past relationships trying to get me to disclose my orientation. He finally said am I gay. I said yes. He has shared this with other patients. Is this whole scenario legal?
Hello ****, I'm sorry to hear about your situation. This could potentially be considered a violation of privacy or even harassment. The specific legality can depend on your location. Could you please share where you are located?
I’m in California
Hello ****, I'm sorry for what you are experiencing. In California:
- It's illegal to disclose sexual orientation without consent (Civil Code *.*).
- Harassment based on sexual orientation is against the Fair Employment and Housing Act. Consider reporting this to the facility's management or the Department of Public Health.
I am a patient
Hello again ****. As a patient in California, you have specific rights under the "Patient's Bill of Rights". These include the right to personal privacy and confidentiality. If these rights are violated, you may file a complaint with the California Department of Public Health.
I thought so. As a licensed professional he is directly culpable for his actions. Right?
Yes, ****. In California, licensed professionals are accountable for their actions. Violating patient confidentiality or engaging in harassment can result in disciplinary actions, including revocation of their license.
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Hello ****, you're absolutely right. If a licensed professional violates patient confidentiality or engages in harassment, they could face disciplinary actions, including potentially losing their license. Reporting this behavior is crucial to prevent further incidents.
I know. I’m not intimidated and know I will not be the last one he’ll do it to
That's the spirit, ****. Standing up against such behavior can help protect others in the future. In California, you can report this to the California Department of Public Health or the licensing board.
Ok. Thank you
You're welcome, ****. If you need any more information or assistance, don't hesitate to ask. Good luck with your situation, and remember, you're doing the right thing by standing up for your rights.
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