Week 1 Flashcards
An individual’s adherence to a set of standards, code of conduct or collection of qualities that characterize accepted practice within a particular area of activity
Professionalism
What are the 3 factors of professionalism?
- Standards – governed by regulatory bodies
- Code of Conduct – how individuals working in an organization should act everyday as it reflects organization’s core values and culture
- Collection of Qualities – behaviours expected from a trained person
Consent
an example of a “standard”
10 consent principles:
- Health care worker proposing treatment is responsible for obtaining consent prior to treatment
- Health Care worker must determine patients’ capacity
- Consent must be relevant, voluntary and not based on misrepresented information
- For consent to be informed, adequate info must be provided
- Health care provider can only obtain informed consent to treatments within their scope of practice
- OTA/PTA should rely on informed consent obtained by practitioner
- Need to ask for consent throughout procedure, not just at beginning and review plan in advance
- Do not proceed if consent was unclear or patient refuses
- Expressed wishes must be honored
- A person at ANY age can provide
informed consent if they have capacity to do so (below age of 16)
Informed consent
: type of consent we seek when performing a physiotherapy or occupational therapy treatment. The decision must be voluntary and knowledge based.
Implied Consent
Assumed consent based on a patient’s actions.
Imputed Consent
Assumed consent
Done for the greater good of the patient
Example: choking patient, giving naloxone to overdose patient
For consent to be INFORMED, the information provided to the client/substitute decision maker must include:
- The nature of the treatment or care
- Expected benefits
- Risks and side effects
- Alternative course of action
- Likely consequences of not receiving the treatment
The Laws the govern consent:
- Health Care Consent Act (HCCA)
- Personal Health Information Protection Act (PHIPA)
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- Common Law
Health care consent act (HCCA):
Administered by the Ministry of Health and Long Term Care
Ensures health care practitioners have no authority to make treatment decisions on behalf of patients
Provides hierarchy of substitute decision-makers who can provide/decline treatment on behalf of patient who isn’t capable.
Personal Health Information Protection Act (PHIPA):
Ontario’s health specific privacy legislation which came into force on November 1, 2004
governs the manner in which personal health information may be collected, used and disclosed within the health sector
Personal Health Information:
Information that can identify an individual (or can be combined with other information to identify an individual).
Examples: gender, age, date of birth, home address, family status, health history private information
Private information
If there is a reasonable chance that someone could be identified from a piece of information, then it is considered “private information” and is protected by law
Main Obligations under PHIPA:
- To obtain consent to collect, use or disclose an individual’s personal health information
- To keep the information secure and private
- To collect, use or disclose only as much personal health information as is necessary in the circumstances
- To provide individuals with access to their personal health information upon request
- To ensure the accuracy of personal health information
Personal information protection and electronic document act (PIPEDA):
Requires private-sector organizations to collect, use or disclose personal information by fair and lawful means, with consent, and only for purposes that are stated and reasonable.
Applies to every organization that collects, uses or discloses personal information in the course of commercial activities
Organizations are obliged to protect personal information through appropriate security measures, and to destroy it when it’s no longer needed for the original purposes.
You have the right to expect that any personal information that an organization holds about you be accurate, complete and up-to-date.
You have a right to see it, and to ask for corrections if they got it wrong.
If you think an organization covered by PIPEDA is not living up to its obligations, you should try to address your concerns directly with the organization. If that doesn’t work, you have the option of lodging a complaint with the Privacy Commissioner
