Cheatography
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Legal considerations - privacy and confidentiality
This is a draft cheat sheet. It is a work in progress and is not finished yet.
Responsibility to maintain privacy
ELC 1. Client care, subcategory A: client relationship building and communication |
Code of Ethics Part 1: Nursing values and ethical responsibilities, E. |
Professional, legal and ethical obligation to protect privacy |
Federal, provincial, regulatory bodies, CNA code of ethics and standard |
Privacy
Personal information that can identify an individual |
Legislated at the federal and provincial level |
Their right to decide to share information or not |
Confidentiality
keeping pts personal health information private and protected |
Legal and professional obligation |
Need consent or lawful reason to share information |
How is information protected?
Federally: |
V. Provincially |
The personal Information Protection and Electronic Documents Act (PIPEDA) |
The privacy Act |
Exceptions to privacy
Child protection: abuse/neglect |
Mandatory reporting: gun wounds |
Communicable disease reporting to PH |
Public safety: threat to others |
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Areas where privacy may be breached
Collection |
Disclosure |
Access |
Consent |
Liability risk
Direct liability: being responsible for your actions |
Vicarious liability: institution responsible for employees negligence |
Joint and several liability: when two parties are at fault both are held accountable ($) |
Purpose of documenting
Communication |
Continuity of care |
legislative requirements |
Quality improvement |
Research |
Legal proof of care |
Evidence of safe care |
Legal risk of email
Email can pose a risk to privacy breach |
Prevent privacy breach by: |
Confirming email |
Obtain consent forms |
Follow employer policies |
Obtain written proof from IT that it is secured |
Social Media
Establish therapeutic boundaries: |
- often asked about medical help from friends/family online |
Reasons to avoid SM: |
- No copy of medical record |
- Limited assessment online |
- Permanency of information |
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Telepractice
Virtual means to increase accessibility |
Important to Consider: |
Privacy concerns |
Scope can vary btw jursidicaitons |
Direct client observation |
Who is responsible for record holding |
Appropriateness for telehealth |
Communication skills |
Canadian Nurses Protective society
Legal advice |
Risk management services |
Legal assistance |
Assists to understand work agreements |
Professional liability protection |
Professional liability protection
Legal representation/assistance: |
- Claims and civil proceedings |
- Statutory offences |
- Criminal investigations/prosecutions |
- Witness appearances |
Assistance with payement |
Tips to protect license
Do not order tests for no reason : |
By ordering test just to cover yourself can cause liability issues. .e. ordering a test to r/o TB but they become positive and no protection was put in place.
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