Week 8 Flashcards
Test 2
Your highest obligation is to maintain …
client confidentiality
What happens if you reveal confidential information about a client:
- Unethical
- Professional misconduct
- Possible lawsuit
What is this the definition of: Giving information about a client to a person without the consent of the client or his or her authorized representative except as required or permitted by law.
O.Reg 382/08
professional misconduct that requires confidentiality
Duty to keep client information secret
Confidentiality
Broader concept
Deals with confidentiality
The clients’ right to control all aspects of their personal information
Privacy
PIPEDA
Personal Information Protection and Electronic Documents Act
PHIPA
Personal Health Information Protection Act
The federal government enacted the Personal Information Protection and Electronic Documents Act in ___
2000
The Personal Information Protection and Electronic Documents Act applies to all commercial activities since ___
January 1, 2004
The Ontario government enacted the Personal Health Information Protection Act in ___
November 1, 2004
Personal Health Information Protection Act, 2004 which applies to …
the collection, use and disclosure of personal health information.
Dental hygienists must comply with both statutes (PIPEDA & PHIPA) because …
one for personal health information and one for other personal information
PIPEDA requires practitioners to develop a …
Privacy and Access Code
10 principles
- Facilitate compliance with the Act by the custodian (ie RDH or organization such as dental office)
- Educate agents of the custodian
- Respond to public inquiries about information practices
- Oversees access and correction requests by clients
- Handle privacy complaints
- Make privacy handling procedures available to the public
duties of the privacy officer
10 Principles: Privacy & Personal Information
- Accountability
- Identify purposes for collecting information
- Consent
- Limit collection to what is necessary for identified purposes by fair and lawful means
- Limit use, disclosure and retention of information to original purpose unless further consent obtained or law requires information to be destroyed after purpose fulfilled
- Accuracy
- Safeguards
- Openness
- Individual access to personal information about them
- Challenging compliance
When can we disclose client information without consent?
- When permitted or required by law
- When making a mandatory report
What is a mandatory report?
- Sexual abuse by health practitioners
- Child abuse
- Elder abuse in nursing homes
- Termination of employment or an association with a DH for professional misconduct
- Duty to warn
- The most difficult of the mandatory reports
- Involves a threat by a client to harm another person of identifiable group
- Involves a threat by a client to harm him or herself
PHIPA supports the ____ under section 40 - Health Information - Custodian can disclose PHI where there is a significant risk of serious bodily harm
Duty to warn
The client has the right of access …
- To review or obtain a copy of the chart
- Consultation reports provided by others
- Test results provided by others
A refusal to provide access
Can be challenged with the Information and Privacy Commissioner under the provisions of the PHIPA
The client has the right to correct errors
- Individuals have a right under PHIPA
- Can be refused under the Act
What is a Health Information Custodian?
Can be any number of individuals or organizations who have custody or control of personal health information. Falls under PHIPA.
Examples:
HEALTH CARE PRACTIONERS (eg- DDS)
HOSPITALS, PSYCHIATRIC FACILITIES, NURSING HOMES, LONG-TERM CARE FACITLITIES
PHARMACIES, LABRATORIES, AMBULANCE SERVICES
COMMUNITY CARE ACCESS CORPORATIONS, BOARD OF HEALTH
THE MINISTER OF HEALTH AND LONG-TERM CARE, CANADIAN BLOOD SERVICES
Non-Health information Custodians
- A DH working in a clinic that is not owned by a health care practitioner
- A DH providing services to clients of a spa
- A DH employed by a professional sports team to provide sports guards
- A DH working for an oral care product supplier who tailors oral self-care plan for clients
True or False?
PHIPA allows for custodians (i.e., a dental hygienist) to authorize an “agent” to maintain the health information records on her/ his behalf.
True
