Regulatory Flashcards
Why do regulatory bodies exist?
To protect the general public regarding the acts performed in a licensed profession.
Criminal law
We are required to undergo a criminal record check before emolument because we provide care to vulnerable individuals
Tort law
This deals with providing compensation to people who have suffered injury or harm because of another before actions. This can be intentional harm or negligence
What are some federal and provincial legislations
-Occupational health and safety act(OHSA)
-Workplace hazardous materials information system (WHIMIS)
-health information act (HIA)
-freedom of information and protection of privacy act (FOIP)
-health professions act (HPA)
-persons in protective care act (PPCA)
Optician titles
-registered opticians(ro)
-registered contact lens practitioner(RCLP)
-provisional opticians
-student optician
Does FOIP apply to private buisnesses?
No, however as health care providers we are held to similar standards as health information custodians or affiliates
College
-Protects the interest of the patient
-mandatory registration
-sets requirements for consideration
-does not advocate or provide benefits
-accountable for Alberta health
-regulates opticians (with member and public members)
Association
-protects the interest of the opticians
-voluntary membership
-provides educational opportunities
-advocates for members and provides benefits
-accountable to its memberships
-led by opticians for opticians
What is privacy
-this is “the right of an individual to have some control over how his or her personal information (or personal health info) is collected, used and or disclosed)
Privacy extra notes
-We have a duty to collect, use and disclose patients information in the manner that they agree too.
What is Confidentiality
This is “the duty to ensure information is kept secret only to the extent possible”
-we have a duty to protect that information and only share it for the purposes of patient care and only with the patients permission
Alberta’s 3 main laws related to Access and Privacy
-freedom of information and protection of privacy act (FOIP)
-personal information protection act (PIPA)
-health information act (HIA)
What applies to FOIP
Public bodies
what applies to PIPA
Private sector organizations
what applies to HIA
Applies to individual health service providers and organizations in Alberta
-custodians and affiliates
Private sector
Organizations that are owned and run by individuals, groups of buisness entities
-post secondary institutions that are privately funded
-non profit organizations that are funded mainly through a small pool of donors or investments
Public sector
-organizations that are owned and run by the government
-federal, provincial and municipal
-post secondary institutions that are government subsidized
-non profit organizations that are funded through public donations and government
Privacy act law
-covers how the federal government handles personal information
FOIP law
Covers how public bodies in Alberta handle personal information m
What’s part of public sector privacy act
Privacy act
FOIP
What’s part of private sector privacy act
PIPEDA
PIPA
PIPEDA law
Applies to federal works, undertakings or buisnesses
Ex, banks, airports, telecom companies, radio stations
PIPA law
-provincial law
-Applies to organizations, buisness, some non profit
Custodians
-The HIA identified and designated the 3 Os as custodians and are generally considers to be “gatekeepers” of health care information
Affiliates
the HIA identifies and designated affiliates as employees of custodian, students, volunteers, contact employees, provers who admits and treats patients in hospital or designated affiliate by HIA
What laws apply to opticians
-HIA
-PIPA
What laws apply to ophthalmic assistants
-HIA
-They are considered affiliates
What to keep in a medical record
-exam notes
-referral letters
-records of phone calls, emails, texts
-eyeglass and contact lens orders
-medication prescriptions
-even when a patients orders contacts online
When can you release health record information
-for adult patients it must be kept for at least 10 years from the date of last entry
-for minors at least 2 years after they turn 18 or at least 10 years from the date of last entry
When can you release health info w/o consent
-to another health care provider for continuity care
- to any person if you believe that a minor patients health or safety is at risk , or any patient is in imminent danger
-to law enforcement if you believe you have information related to crime
-if required to follow federal/provincial law (public health act)
Records release forms
-transfer of care to another eye care profession(federal)
-copy of eyeglasses or contact lens prescription to a third part (you need to have confirmation from patient in order to do so)
-third party insurance
-legal proceedings
Privacy breach
Unlawful collection, Privacy Breach
A privacy breach can be described as unlawful collection, use, disclosure or distribution of personal information by either intentional or unintentional means.
Professional boundaries
• Physical
- Personal space
• Emotional
AAffection or attraction
• Information
-Self-disclosure
• Time
-Separation between work and personal time
• Relationship
- Dual role (e.g. employer acting as practicum preceptor)- For practicum placement you cannot work at the clinic you’re already em
