clinical confidentiality Flashcards

1
Q

what is the role of clinical records in clinical practice?

A
admin and management
legal compliance
clinical audit
clinical research
clinical evidence
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2
Q

what is appropiate clinical content to maintain?

A
x-rays and clinical imaging
photographs
audio and video recordings
patient monitoring printouts
patient consent forms
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3
Q

what would be representive of good record keeping?

A
differential diagnosis
clinical investigations
clinical rederrals
clinical information
patient consent process
clinical treatment plan
clinical follow up
patient care plan
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4
Q

what is the essential content to maintain in clinical records?

A
  • Subjective, i.e., Clinical Information from the Patient;
  • Objective, i.e., Clinical Examination of the Patient;
  • Assessment, i.e., Clinical Diagnosis & Prognosis; and
  • Problem List and Plan, i.e., Clinical Management & Care Plan
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5
Q

how would you professionally maintain clinical records?

A
clear
objective
contemporaeous
attrubutable
original
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6
Q

what is the clinical record keeping procedure?

A
  • Signature, Name (Capitals), & Counter Signature;
  • Date & Time of Alterations and/or Deletions;
  • Reason for Alteration and/or Deletion
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7
Q

what would be considered for non-use of clinical abbreviations?

A
  • Patient Transfer;
  • Patient Discharge;
  • External Consultant Referral Letters;
  • Consent Forms;
  • Death Certificates;
  • Incident Report Forms; and
  • Trust Communications
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8
Q

what are the clinical risk management issues?

A
  • Non-Record of Negative Clinical Findings;
  • Non-Record of Details of Consultation;
  • Non-Record of Drug Allergies or Adverse Clinical Reactions;
  • Non-Record of Clinical Investigation & Test Results;
  • Non-Correction of Illegible Entries;
  • Non-Referral to Clinical Records in Patient Consultation;
  • Non-Removal of Derogatory Remarks; or
  • Failure to Double Check Patient Subject Matter
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9
Q

what is involved in the clinical records and clinical disclosure procedure?

A
  • Anonymisation or Codification;
  • Patient Informed Consent;
  • Minimisation; and
  • Legal Compliance (Clinical Confidentiality)
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10
Q

what would be classed as clinical records and inappropiate disclosures?

A
  • Non-Discussion in Public Place or Social Media;
  • Non-Sharing of Computer Passwords; and
  • Raise Patient Safety & Information Governance Concerns
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11
Q

what would be considered in administrative and professional considerations?

A
  • Nature of Clinical Information;
  • Proposed Use of Clinical Information;
  • Prospective Recipients of Clinical Information;
  • Clinical Confidentiality & Security Arrangements; and
  • Potential for Distress or Harm
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12
Q

what would the clinical procedure be for absence of patient mental capacity?

A
  • Advance Healthcare Planning Review;
  • Patient Legal Power of Attorney Consultation; or
  • Family, Friends or Carers Consultation
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13
Q

what would be involved in the disclosure of clinical info of a diceased patient for legal admin or clinical purposes?

A

• Coroner’s Court Hearing;
• Death Certificates;
• Public Health Surveillance;
• Parental Enquiries (Neo-Natal or Paediatric Death); or
• Formal Request of Deceased Patient Spouse, Next of Kin, or
Legal Representative

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14
Q

define confidential information

A

A Pharmacist must use the Patient’s Clinical Information
in compliance with the General Pharmaceutical Council’s, GPC’s
Guide on Professionalism, “Code of Standards”, and the Legal
Doctrine of Clinical Confidentiality.

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15
Q

what are the legal categories of confidential information?

A
  • Personal;
  • Government;
  • Commercial; and
  • Medical
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16
Q

what action would be taken in breach of confidence patient clinical information?

A
  • Confidential in Nature;
  • Exchanged in Clinical Consultation; and
  • Disclosed in Unauthorised Manner
17
Q

who is a data controller/patient, personal data and medical record in relation to the GDPR and data protection act 2018?

A

data controller= pharmacist
• Data Subject = Patient;
• Personal Data = Patient Clinical Information
• Medical Record = Physical & Mental Health
Factual & Professional Opinion
Electronic & Manual Form

18
Q

what is in the clinical and personal information in clinical records?

A
  • Clinical Consultation Notes;
  • Referral & Discharge Letters;
  • Clinical Tests Results;
  • Video & Audio Recordings;
  • Clinical Samples; and
  • Clinical Reports for Third Parties
19
Q

what are the data protection principles in the data protection act 2018?

A
  • Be Processed Lawfully, Fairly, & Transparently;
  • Be Processed for Specified, Explicit, & Legitimate Purposes;
  • Be Adequate, Relevant & Limited to Necessary Purposes;
  • Be Accurate & Up to Date;
  • Not Be Stored for Longer than Necessary; and
  • Be Stored Safely & Securely
20
Q

what are the conditions of the data processing?

A

• Data Subject Consent;
• Performance of a Contract;
• Legal Obligation of the Data Controller
• Vital Interests of the Data Subject;
• Performance of Public Interest Task or Exercise of Official
Authority; and
• Legitimate Interests of the Data Controller or Third Party;

21
Q

what is involved in admin, professional maintenance of clinical record?

A

• Clear, Accurate, Factual, Legible &
Contemporaneously Recorded;
• Clinical Findings, Treatment Decisions, &
Patient Clinical Information;
• No Personal Views or Derogatory Remarks;
• Facilitate Patient Access to Clinical Records;
• No Amendment/Change unless Correct or Remove Misleading or
Inaccurate Clinical Information; and
• No Amendment/Change at Patient/Patient Family’s Request

22
Q

what is involved in patient informed consent?

A
  • Voluntary;
  • Specific & Informed;
  • Unambiguous (Statement/Clear Affirmative Action); and
  • Right to Refuse/Withdraw
23
Q

what is involved in a subject access request?

A

• Mental Capacity, Mature Minors, Young People, Next of Kin &
Solicitors;
• Made Electronically, In Writing and Verbally;
• Identity Verification by Reasonable Means in Twenty-Eight Days;
• Patient Consultation on Disclosure, i.e., Full, Tailored or Limited;
• Refusal if “Manifestly Unfounded or Excessive”;
• Provided in Electronic or Manual Format & Fees Payable; and
• Explanation of Clinical Terms

24
Q

what is involved in the grounds for refusal of subject access request?

A

• Prevent Physical/Mental Harm to Patient or Third Party;
• Protect Clinical Confidentiality of Third Party &
Legal Professional Privilege; or
• Restricted by Law or Court Order

25
Q

who can subject access request as a third party?

A
  • Parents;
  • Legal Power of Attorney & Legal Estate of Deceased;
  • Police; and
  • Insurers
26
Q

what are the two laws that govern clinical confidentiality and related legislation?

A

• Human Rights Act 1998
(Right to Privacy); and
• Freedom of Information Act 2000
(Right of Access to Records of Public Authorities)