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#NUR1113 > Week 8: Privacy and Confidentiality > Flashcards

Week 8: Privacy and Confidentiality Flashcards

1
Q

What is…

Legislation that allows individuals to access their health records held by public agencies.

A

Freedom of Information Act 1982 (Vic)

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2
Q

Define:

Children, Youth and Families Act 2005 (Vic)

A

Victorian legislation mandating the reporting of child abuse by healthcare professionals.

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3
Q

Define:

Privacy

A

The collection, storage, and handling of personal information about individuals, including health records.

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4
Q

What is…

Any information or opinion about an identifiable individual, such as name, address, and medical records.

A

Personal Information

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5
Q

Define:

Confidentiality

A

The obligation to not disclose or share information obtained from patients unless legally permitted or required.

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6
Q

What is…

A set of 13 principles under the Privacy Act that guide the handling, storage, and disclosure of personal information.

A

Australian Privacy Principles (APPs)

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7
Q

Define:

Health Records Act 2001 (Vic)

A

A law that regulates the collection and handling of health information in Victoria, including privacy protection and access rights.

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8
Q

Define:

Public Health and Wellbeing Regulations 2009 (Vic)

A

Regulations requiring the notification of infectious diseases to government authorities.

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9
Q

Define:

Documentation

A

The recording of patient care information by healthcare professionals, essential for legal protection and ensuring continuity of care.

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10
Q

What is…

The collection, storage, and handling of personal information about individuals, including health records.

A

Privacy

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11
Q

What is…

Victorian legislation mandating the reporting of child abuse by healthcare professionals.

A

Children, Youth and Families Act 2005 (Vic)

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12
Q

Define:

Privacy Act 1988 (Cth)

A

An Australian law regulating how personal information, including sensitive health data, is handled by organizations.

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13
Q

What is…

The obligation to not disclose or share information obtained from patients unless legally permitted or required.

A

Confidentiality

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14
Q

What is…

Federal legislation governing the centralized digital record of health information that can be accessed by authorized healthcare providers across Australia.

A

My Health Records Act 2012

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15
Q

Define:

Electronic Medical Record (eMR)

A

A digital system for storing patient health information that is accessible to authorized healthcare providers.

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16
Q

Define:

Common Law

A

Law derived from judicial decisions rather than statutes, governing confidentiality in healthcare.

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17
Q

Define:

Freedom of Information Act 1982 (Vic)

A

Legislation that allows individuals to access their health records held by public agencies.

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18
Q

What is…

An Australian law regulating how personal information, including sensitive health data, is handled by organizations.

A

Privacy Act 1988 (Cth)

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19
Q

Define:

My Health Records Act 2012

A

Federal legislation governing the centralized digital record of health information that can be accessed by authorized healthcare providers across Australia.

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20
Q

What is…

Regulations requiring the notification of infectious diseases to government authorities.

A

Public Health and Wellbeing Regulations 2009 (Vic)

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21
Q

Define:

Nursing and Midwifery Board of Australia (NMBA) Code of Conduct

A

Guidelines outlining professional responsibilities for nurses and midwives, including the duty to maintain confidentiality.

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22
Q

What is…

Law derived from judicial decisions rather than statutes, governing confidentiality in healthcare.

A

Common Law

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23
Q

What is…

A digital system for storing patient health information that is accessible to authorized healthcare providers.

A

Electronic Medical Record (eMR)

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24
Q

What is…

The recording of patient care information by healthcare professionals, essential for legal protection and ensuring continuity of care.

A

Documentation

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25
Q

Define:

Australian Privacy Principles (APPs)

A

A set of 13 principles under the Privacy Act that guide the handling, storage, and disclosure of personal information.

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26
Q

Define:

Personal Information

A

Any information or opinion about an identifiable individual, such as name, address, and medical records.

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27
Q

What is…

A law that regulates the collection and handling of health information in Victoria, including privacy protection and access rights.

A

Health Records Act 2001 (Vic)

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28
Q

What is…

Guidelines outlining professional responsibilities for nurses and midwives, including the duty to maintain confidentiality.

A

Nursing and Midwifery Board of Australia (NMBA) Code of Conduct

29
Q

What is the main distinction between privacy and confidentiality in healthcare?

A

Privacy involves the collection, storage, and handling of personal information, while confidentiality refers to the disclosure or communication of that information.

30
Q

What does the Privacy Act 1988 regulate?

A

The Privacy Act 1988 regulates how personal information is handled across Australia, including the collection, storage, use, and disclosure of personal information.

31
Q

What are Australian Privacy Principles (APPs)?

A

APPs are 13 principles outlined in the Privacy Act 1988 that set standards for how personal information should be handled by organizations.

32
Q

Under what circumstances can patient information be disclosed?

A

Patient information can be disclosed with patient consent, when information does not identify the patient, when required by legislation, in court proceedings, or in the public interest.

33
Q

What does the Health Records Act 2001 (Vic) stipulate regarding the retention of health records?

A

The Health Records Act 2001 (Vic) recommends retaining health records for at least seven years after the patient’s last contact, until the patient is 25 for minors, or for the patient’s lifetime for those with chronic conditions.

34
Q

What rights do patients have under the Health Records Act 2001 (Vic)?

A

Patients have the right to access their health information under the Health Records Act 2001 (Vic), provided the request is made to a private sector organization.

35
Q

What is the purpose of documentation in healthcare?

A

Documentation ensures high-quality care, communicates essential information among healthcare professionals, provides evidence of care provided, and serves as a defense in legal claims.

36
Q

Who can access a patient’s medical record?

A

A patient’s medical record can be accessed by colleagues, performance monitors, accreditation groups, medical records personnel, the Coroner, the Health Complaints Commissioner, the Nursing and Midwifery Tribunal, lawyers, and most importantly, the patient and their family.

37
Q

What should be included in documentation according to best practices?

A

Documentation should be legible, dated, signed, accurate, objective, specific, contemporaneous, and include a description of the nursing care provided and its effectiveness.

38
Q

What are the key differences between the My Health Records Act and the Health Records Act?

A

The My Health Records Act regulates digital health information and centralizes records across various locations, while the Health Records Act applies to both public and private organizations within Victoria and includes similar privacy principles.

39
Q

What are some common breaches of privacy and confidentiality?

A

Breaches include sharing personal details without consent, improper handling of confidential information, and failing to protect electronic or paper records securely.

40
Q

What are some exceptions to confidentiality in healthcare?

A

Exceptions include disclosing information with patient consent, for research purposes with patient agreement, to other healthcare providers on a need-to-know basis, when required by legislation, or to prevent serious harm.

41
Q

How does the Privacy Act 1988 apply to health information specifically?

A

The Privacy Act 1988 provides additional protection for health information, recognizing it as particularly sensitive, and requires explicit consent for its collection and handling.

42
Q

What are some examples of information considered personal under the Privacy Act 1988?

A

Examples include an individual’s name, address, telephone number, date of birth, medical records, and personal opinions.

43
Q

What must healthcare providers do if they need to disclose information for research purposes?

A

Healthcare providers must ensure that the patient has consented to their information being used for research purposes.

44
Q

Under what circumstances can health records be destroyed, and who decides on the method?

A

Health records can be destroyed by incineration, shredding, or commercial removal, and the method is determined by the healthcare facility.

45
Q

How can patients access their health records in Victoria?

A

Patients can access their health records through the Freedom of Information Act 1982 (Vic) and the Health Records Act 2001 (Vic).

46
Q

What are the key principles of the My Health Records Act?

A

The My Health Records Act emphasizes transparency, secure management, and the centralization of health information, with enforcement by a Commissioner.

47
Q

What is the role of the Freedom of Information Act 1982?

A

The Freedom of Information Act 1982 provides access to information held by state government departments and agencies, including public hospitals and community health centers.

48
Q

What legal consequences can arise from breaches of privacy and confidentiality?

A

Breaches can lead to employment consequences, including termination, and legal action under negligence laws.

49
Q

Which of the following best describes privacy in the context of patient information?

A) Disclosure of patient information without consent
B) Collection, storage, and handling of patient information
C) Sharing patient information with other healthcare providers
D) Reporting patient information to legal authorities

A

B) Collection, storage, and handling of patient information

50
Q

Confidentiality refers to:

A) The collection of patient data
B) The protection of patient data from unauthorized access
C) The sharing of patient data with consent
D) The legal right to access patient records

A

B) The protection of patient data from unauthorized access

51
Q

Which legislation governs privacy in Australia?

A) Health Records Act 2001
B) Privacy Act 1988
C) Freedom of Information Act 1982
D) My Health Records Act 2012

A

B) Privacy Act 1988

52
Q

Which of the following is a principle of confidentiality?

A) Information must be shared with all health professionals
B) Information should be disclosed to family members
C) Information must be protected and not shared without consent
D) Information can be freely accessed by the public

A

C) Information must be protected and not shared without consent

53
Q

Who owns the physical medical records created by healthcare professionals?

A) The patient
B) The healthcare facility
C) The healthcare professional who created them
D) The government

A

B) The healthcare facility

54
Q

In Victoria, how long should health records be retained after a patient’s last contact with the healthcare facility?

A) 5 years
B) 7 years
C) 10 years
D) Indefinitely

A

B) 7 years

55
Q

Which act allows patients in Victoria to access their health records?

A) Privacy Act 1988
B) Health Records Act 2001
C) Freedom of Information Act 1982
D) My Health Records Act 2012

A

B) Health Records Act 2001

56
Q

What is the purpose of the Freedom of Information Act 1982?

A) To manage privacy of patient information
B) To provide access to information held by state government agencies
C) To regulate the handling of health information
D) To protect the confidentiality of patient data

A

B) To provide access to information held by state government agencies

57
Q

When can patient information be disclosed without consent?

A) For research purposes without patient approval
B) To other healthcare providers involved in the patient’s care
C) To family members without consent
D) For marketing purposes

A

B) To other healthcare providers involved in the patient’s care

58
Q

Under which legislation must healthcare professionals report child abuse in Victoria?

A) Privacy Act 1988
B) Health Records Act 2001
C) Children, Youth and Families Act 2005 (Vic)
D) Freedom of Information Act 1982

A

C) Children, Youth and Families Act 2005 (Vic)

59
Q

Which scenario does NOT require disclosure of patient information?

A) Reporting an infectious disease
B) Disclosing information for marketing purposes
C) Reporting a birth or death
D) Reporting a serious and imminent threat to public health

A

B) Disclosing information for marketing purposes

60
Q

When is disclosure of information considered necessary to prevent a serious threat?

A) When there is a need for research
B) When the patient’s information is requested by family
C) When there is a serious and imminent threat to health or safety
D) When requested by the media

A

C) When there is a serious and imminent threat to health or safety

61
Q

What is NOT a requirement for handwritten documentation in patient records?

A) The information must be specific and accurate
B) The documentation must be dated and signed
C) The documentation must include personal opinions
D) The documentation must have the author’s designation

A

C) The documentation must include personal opinions

62
Q

What is required for documentation to be considered contemporaneous?

A) It must be completed by the end of the day
B) It must be written as close as possible to the time of the event
C) It must be reviewed by a supervisor before entry
D) It must include the patient’s family’s observations

A

B) It must be written as close as possible to the time of the event

63
Q

Which type of information should be included in documentation?

A) Patient’s subjective statements and feelings
B) Unverified third-party opinions
C) Personal reflections of the healthcare provider
D) General observations not related to patient care

A

A) Patient’s subjective statements and feelings

64
Q

What should be done if a student makes an entry in a patient’s record?

A) The student’s entry should be signed by the patient
B) The student’s entry should be reviewed and signed by a registered nurse
C) The student’s entry should be ignored
D) The student’s entry should be erased and rewritten

A

B) The student’s entry should be reviewed and signed by a registered nurse

65
Q

Which of the following is considered a breach of documentation requirements?

A) Recording a patient’s condition in detail
B) Providing a brief summary of care without specifics
C) Writing legibly with date and signature
D) Including both objective observations and subjective reports

A

B) Providing a brief summary of care without specifics

66
Q

What is a key benefit of accurate and high-quality documentation?

A) It helps avoid legal claims by providing evidence of care
B) It increases the length of the patient’s medical record
C) It allows for unrestricted access by all staff
D) It simplifies administrative tasks unrelated to patient care

A

A) It helps avoid legal claims by providing evidence of care

67
Q

Who might access a patient’s medical record?

A) Only the patient’s family
B) Only the patient’s current healthcare providers
C) Colleagues, auditors, legal personnel, and the patient themselves
D) The general public

A

C) Colleagues, auditors, legal personnel, and the patient themselves

68
Q

What must be ensured when using Electronic Medical Records (eMR)?

A) All entries are printed and signed
B) Access is restricted to authorized users only
C) The system is accessed by multiple people simultaneously
D) Records are accessible to anyone in the hospital

A

B) Access is restricted to authorized users only

#NUR1113 (10 decks)

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