The Health Insurance Portability and Accountability Act (HIPAA) and FERPA are both privacy laws, but they are very different in scope. HIPPA covers the privacy of health records and other health information. FERPA covers education records, in Duke’s case, at a postsecondary institution.

Entities on the University campus providing treatment to students follow FERPA.

Definition – Education Record

The term education record is broadly defined as those records that are (1) directly related to a student and (2) are maintained by an educational agency or institution or party acting for the agency.

Definition – Treatment Record

Treatment records are records on a student which are made or maintained by a physician, psychiatrist, psychologist, or other professional acting in his/her professional capacity and which are made, maintained, or used only in the connection with the provision of treatment to the student and are not available to any other persons except those providing treatment.

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