Emergencies & Records - Outcome 1 Flashcards
Freedom of Information and Protection of Privacy Act (FOIP) (Public - in Alberta) (October 1, 1995)
Protect personal information in the custody or control of public bodies such as:
Schools, Government agencies, health care bodies
Health Information Act (HIA) (Public or Private in Alberta) (April 25, 2001)
Protects health information of individuals in the custody or control of custodians in private or public sector
Covers custodians (doctors, dentists, hygienists)
Also covers affiliates (assistants, receptionists, etc.)
Personal Information Protection and Electronic Documents Act (PIPEDA) (Private - Federal) (January 1, 2001)
Sets national standard for privacy practices in the private sector
applies to every organization across Canada when collecting, using, or disclosing personal information while carrying out a commercial activity within a province unless a province passes legislation that is substantially similar to PIPEDA (based on the same purposes and rules). For Federally regulated - (banks, telephone companies) located in AB
Personal Information Privacy Act (PIPA) (Private - Alberta) (January 1, 2004)
Protects personal information in custody or control of a private sector organization (such as: Dental clinics, private schools, non-for-profit organizations)
Health Professions Act (HPA) (Public)
governs the practice of 32 regulated health professions, sets out standard processes for colleges for registration, continuing competence, complaints and discipline and establishes a board that advises the Minister
Under HPA, health professionals are governed by regulatory bodies called “colleges” in Alberta for us DA’s it is the CADA (College of Alberta Dental Assistants)
The Principles of HIA
The HIA applies to health information resulting from health services provided by a custodian.
It is a principle of the HIA that access to records be given unless the Act specifically allows the record to be withheld. This right of access is balanced by the need to protect individual privacy.
The HIA controls how health information is collected, used, and disclosed. It prevents another person from seeing an individual’s health information without their consent while enabling health information to be shared and accessed to provide health services and manage the health system.
Individuals can ask to see or have a copy of their health records if a custodian holds them.
Individuals have the right to request that their health information be corrected if it is not accurate. This is not an absolute right, and a request to correct information may be turned down.
The Act provides for review by the Information and Privacy Commissioner if individuals are not satisfied with the decisions of custodians in response to requests made under the Act. In cases where correction of health information has been refused, an individual may request a review of the decision by the Commissioner OR they may have a statement of disagreement attached to their health record.
Individuals can also complain to the Commissioner of the OIPC if they believe their health information has been collected, used, or disclosed in violation of the HIA (Alberta Queen’s Printer, 2022).
The Principles of FOIP
The FOIP Act legislates that applicants have the right to access records held by the government. It is a principle of the Act that access to records be given unless the Act expressly allows the record to be withheld. The right to access is balanced by the need to protect individual privacy.
The Act controls how personal information is collected, used, and disclosed. It prevents another person from seeing your personal information without consent.
Individuals can ask to see records held by the government, including personal information. Individuals have the right to request that personal information be corrected if it is not accurate.
The Act provides for review by the Information and Privacy Commissioner if individuals are not satisfied with the decisions of public bodies in response to requests made under the Act.
Individuals can also complain to the Commissioner of the OIPC if they believe their personal information has been collected, used, or disclosed in violation of the Act (Alberta Queen’s Printer, 2023).
Principles of PIPA
Personal information in the custody or control of private sector organizations as it relates to commercial transactions or activities will be subject to the Act.
Personal employee information will also be covered by PIPA.
PIPA will allow individuals to request access to their own personal information, including their personal employee information, and to request that personal information be corrected if the accuracy of the information is disputed.
Just as the Information and Privacy Commissioner may review decisions by organizations and agencies subject to the Freedom of Information and Protection of Privacy Act or the Health Information Act, PIPA also allows the Commissioner to review the decisions of private sector organizations to deny an individual access to their own personal information, or to refuse a request for correction to their own personal information.
Individuals may also make a complaint to the Commissioner if they believe their personal information has been collected, used, or disclosed without proper authority or without their consent (Alberta Queen’s Printer, 2022a).
The Personal Information Protection and Electronic Documents Act
The Personal Information Protection and Electronic Documents Act (PIPEDA), sets national standards for privacy practices in the private sector. Alberta and British Columbia have both passed similar laws, known in each province as the PIPA (Office of the Privacy Commissioner of Canada, [OIPC], 2004).
Both the federal Act, PIPEDA, and Alberta’s PIPA focus on protecting personal information in the private sector.
PIPEDA applies to every organization across Canada when collecting, using, or disclosing personal information while carrying out a commercial activity within a province unless a province passes legislation that is substantially similar to PIPEDA (based on the same purposes and rules).
Where health information is being transferred across provincial boundaries in relation to commercial activity, such as in the case of obtaining payment from an insurance company located outside of Alberta, the provisions of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) may apply (CDSA, 2016a).
Privacy is..
Collecting, using, disclosing, and safeguarding, personal info
is the right of an individual to have some control over how his or her personal health information is collected, used, and/or disclosed and is governed by applicable privacy legislation, including Alberta’s Health Information Act (HIA) (Government of Alberta, 2021a).
Patients have a right to keep their health information private and control who can access it. Patients also have the right to:
Receive a copy of personal health records.
Ask to change incorrect or incomplete information.
Confidentiality is..
Keep info secret.
Do not tell anybody or else you lose trust.
is the obligation of a person or organization to protect the information entrusted to it (CDSA, 2016a). Discussion about a patient’s personal information, medical history, or treatment must be held in confidence and is not to be shared with anyone. This includes spouses, family, friends, or other dental healthcare professionals who are not directly involved in a patient’s care — to do so is a breach of patient confidentiality. You cannot reveal the identity of a patient or any other information from a patient’s record without the patient’s consent (Robinson, 2024). Breaches of confidentiality can result in a lawsuit against you as a dental assistant.
Autonomy
self-determination, - a persons choice to think, judge, and act independently without unwarranted influence
beneficence
doing good for others
code of ethics
- Outlines the responsibility of the dental assistant to the patient to abide by all applicable legislation
governing practice, privacy, confidentiality, and human rights (CADA, 2024a). - The Code of Ethics goes further to provide ethical statements meant to provide guidance to ensure that a patient’s privacy is maintained. It is unethical to disclose any personal information about a patient.
ethics
moral standards of conduct: rules or principles that govern proper conduct
justice
fair treatment of the patient
nonmaleficence
of no harm to the patient
veracity
truthfulness; not lying to the patient
CADA Code of Ethics
1.1 Generally
a) The health and well-being of the patient is the priority in all professional interactions.
b) Dental Assistants:
i. take professional responsibility for all professional actions;
ii. engage in best practices;
iii. competently apply knowledge and skills to avoid causing harm;
iv. if harm occurs, disclose the issue to the patient and supervisor as soon as practicable and take appropriate steps to minimize the harm; and,
v. evaluate processes to prevent recurrence.
c) Dental Assistants are knowledgeable of and practice to the current standard of care, seeking sound scientific information to support practice decisions. The current standard of care encompasses, but is not limited to, patient autonomy, current infection prevention and control procedures, occupational health and safety requirements and evidence-based use of appropriate procedures and materials.
d) Services are provided without bias or discrimination and communications are respectful and truthful.
What is health care information?
Diagnostic, treatment and care information,
including health service provider information; and
* Registration information, including a person’s personal health number
What is a “health service”?
- The Health Information Act defines a “Health Service” as a service which provides any of the following to an individual:
◦ protecting, promoting, or maintaining physical and mental health;
◦ preventing illness;
◦ diagnosing and treating illness;
◦ rehabilitation; or
◦ caring for the health needs of the ill, disabled, injured or dying
General Principle of Privacy Laws
Right of access vs. right to privacy
* Control collection, use and disclosure
* The role of patient consent – when?
* A person must be allowed to view or obtain a copy of their records
◦ Note that this not have to happen at the moment of the request
◦ Dental offices have 30 day to comply
Collection & Use
- You may only use the patient’s information for the purpose that it was provided at the time that you collected the information from the patient
(Easton, 2020). - You may need consent from the patient to use their information.
◦ If you intend to use the patient’s information for a purpose that is different from the original purpose that
the information was collected for, you most likely need to receive the patient’s consent to do this
Disclosure
The disclosure of information occurs when it is shared outside of the health information custodian that collected it (Easton, 2020).
* Disclosure also occurs when personal health information is shared for a reason that differs from the reason why the information was collected
(Easton, 2020).
HIA Information Managers
Information managers are authorized through
written agreement (Information Manager
Agreement [IMA]) by a custodian to use health information in the following ways:
◦ Process, store, retrieve or dispose information;
◦ Strip, encode or otherwise transform information; or,
◦ Provide information management or information technology services (Easton, 2020)
Privacy Officers
Each custodian must designate a Privacy Officer.
The Privacy Officer’s role is to:
◦ Monitor who can access health information.
◦ Identify privacy compliance issues.
◦ Ensure privacy and security policies and procedures are followed.
◦ Ensure staff and contractors are aware of their responsibilities and duties.
◦ Provide advice and interpretation of the Health Information Act and respond to requests for access to or correction of health information
Information & Privacy Commissioner
- Privacy law experts – they are the authority if you are uncertain
- They conduct and review investigations of
breaches (and much more)
◦ Under the Health Information Act, it is mandatory to report a breach of privacy, no matter the circumstances, to the OIPC
Standards of Practice - CADA
CADA’s Standards of Practice state that dental assistants must understand the requirements of the Health Information Act and the custodian’s policies and procedures for protecting patient’s personal and health information
* Custodians are responsible for implementing security measures, policies, and protocols that affiliates must abide by.
* Revealing information about a patient is in
contravention of the HIA.
Confidentiality exceptions
There are legal requirements mandating that dental healthcare providers report cases of suspected child or elder abuse to protect those individuals from harm (Robinson, 2024).
* There are also legal requirements that exist to report communicable diseases that have an effect on the health of the public
Administrative Safeguards
- policies and procedures,
- oaths of confidentiality,
- privacy awareness training programs,
- code of conduct,
- and access request forms