CNO confidentiality privacy Flashcards
Personal Health Information Protection Act
PHIPA
governs health care information privacy
in Ontario
what is Personal Health Information Protection Act
sets consistent rules for the management of personal
health information and outlines the client’s rights
regarding his/her personal health information.
balances a client’s right to privacy with
the need of individuals and organizations providing
health care to access and share health information.
PHIPA permits the sharing of personal health
information among health care team members to
facilitate efficient and effective care
Security
refers to the processes and
tools that ensure confidentiality of information.
Information privacy
client’s right to control how his/her personal health
information is collected, used and disclosed.
Quality of Care Information Protection Act,
QOCIPA
provides broad
protection to quality of care information produced
by a health care facility or a health care entity, or
for a governing or regulatory body
QOCIPA purpose
to promote open discussion of adverse events, peer
review activities and quality of care information,
while protecting this information from being used
in litigation or accessed by clients.
*nurses’ activities and records associated with the
College’s Quality Assurance Program cannot be
used in legal proceedings.
Personal health information
any identifying information about clients that is in verbal, written or electronic form.
includes information collected by nurses during the course of therapeutic nurse-client relationships
*Clients do not have to be named for information
to be considered personal health information.
personnel record containing a note from a
physician or an NP supporting an absence from
work is not considered personal health information.
However, a description of the employee’s symptoms
and treatment noted by an occupational health
nurse (OHN) when providing care is considered
mixed record
record contains a note substantiating the absence and the employee’s symptoms and treatment
custodian
an organization that provides care within the
health care continuum.
People providing care can
also be custodians under this legislation.
Nurses in independent practice, or those employed
in health services in non-health care settings may
be considered custodians.
* Nurses in these settings
are responsible for the personal health information
in their custody and control
Agents
people authorized to act for, or
on behalf of, a custodian.
*agent cannot act on
her/his own behalf with regard to personal health
information
“agents” of a custodian
nurses who are employees or volunteers,
or contracted or credentialed by health care
organizations
Implied consent
describes the purposes for the collection, use and
disclosure of personal health information.
Express consent
may be given verbally or in written
form.
may be provided over the telephone or
electronically if the nurse is sufficiently able to
identify the person
When is expressed consent required?
personal health information is to be disclosed
outside of the health care team (e.g., submitting
personal health information on a claim form to
an insurance company);
■ information is to be disclosed (within the health
care team) for purposes other than providing, or
helping to provide, care;
■ personal health information is used for
fundraising (e.g., contact information can be
provided without express consent); and
■ personal information is being collected for
marketing research or marketing activities.
