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May 03, 2005

School nurse, fired for taking student off campus without parents' permission, sues

From the Portland Herald Press:

A veteran school nurse who was fired after taking a teenager to an off-campus clinic where she got a pregnancy test and a "morning after" birth-control pill is suing the superintendent in federal court.

Lola Charette said she was unfairly fired from her job at Fort Kent Community High School because she followed the law and protected a student's right to confidentiality. But officials at School Administrative District 27 say she was terminated for violating an unwritten policy that prohibits students from leaving the school without parental permission.

The article plays along with the silly notion that since the law prohibits a health-care provider from divulging medical information without the patient's consent, even when the patient is a minor, the nurse shouldn't have been fired. The problem is, the nurse had no authority to provide that type of “health care”. She didn't act as a nurse, but as a chauffer. The nurse and her lawyers are arguing that since the schools policy about taking kids off campus without their parents' permission was never written down, just understood, it is unenforceable. I'm sure pedophiles in Maine will be eager to see the nurse win, since that will remove another obstacle that hampers their efforts.

Posted by Danny Carlton at May 3, 2005 10:37 AM

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