Professional guidances - data security and protection Flashcards
Note for year 4 add in data protection cards for the rest of the lecture
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What are the 2 types of consent
Implied consent - patient indicates consent by action indirectly e.g. bringing in Rx
Explicit consent - indicates consent e.g. verbally - says Yes or No e.g.when accessing SCR, signing consent forms for diagnostic tests, MURs, NMS
What must you do when obtaining consent?
Must give sufficient and clear, accurate and easy to understand information in a way that is appropriate for the patient. If they need time to absorb the information then offer opportunity to come back later. Offer opportunity to ask questions and respond o questions openly/honestly. Ensure patient understands information and what they are consenting to/refusing to.
What is the mental capacity act 2005?
Assesses capacity - in order to make an informed decision the patient must be able to retain and understand the info, understand implications of their decision and communicate their decisions to you.Cannot assume a patient lacks capacity based on age, disability. beliefs, condition. This act safeguards vulnerable adults and it can grant legal authority to certain people to make decisions on behalf of the patient who lacks capacity
How do you ascertain whether the patients consent is valid or not?
- have capacity
- Act voluntarily and not under pressure
- provided with enough information to make a decision e.g. weigh up benefits and risks
- understand the consequences of not giving consent
What are the principles of the mental capacity act?
- individuals have the right to be supported to make their own decisions
- individuals retain the right to make eccentric or unwise decisions
- interventions for people without capacity must be the least restrictive
- any action taken on their behalf must be in their best interest
What is peoples capacity based on age e.g.
>18
16-17
<16
> 18 deemed to have capacity/ability to consent unless demonstrated otherwise
16-17 - considered to have capacity to provide consent unless otherwise shown
<16 - not assumed to have capacity so must demonstrate competence - gillick competence/fraser guidelines. If incompetent - person who has parental responsibility has the right to give or refuse consent
What are some reasons why you could disclose confidential information without consent?
Must be legitimate - in their best interests, if it would otherwise cause harm to themselves/others.
if they lack capacity and it is in best interests
If it is serious crime e.g. rape, murder, kidknapping, child abuse, fraud etc.
- when there is a overriding public interest e.g preventing serious injury to patient, public health or another person
- necessary for protection of children or vulnerable adults
overall if harm can be caused to anybody
But must try persuade them to release the info themselves first, then if they do not - must justify why you have disclosed confidential information - justify decisions, and be satisfied that the law requires you to disclose it or it is in publics best interest
What is the accessible information standard 2016?
Who does it include?
Disabled people have access to info that they can understand and any communication support they may need.
Disabled people can access NHS & social care services independently if possible, the same way as people without disabilities
e.g. deaf, blind, deafblind, autistic, learning disabilities, down syndrome, mental health problems, dementia
Who does the AIS 2016 not include?
People with learning difficulties but not disabilities e.g. dyslexia
- people with low literacy levels
