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Canadian Nurses Protective Society > Ask a lawyer

Ask a lawyer: Accessing one’s own personal health information

Question 1: Can I access my own personal health information through my employer’s electronic health records system? Answer:  Every Canadian province and territory imposes a legal obligation on health-care custodians to protect personal health information (“PHI”). Typically, institutions or health authorities are considered the health information “custodians” or “trustees” of PHI. As custodians, institutions and…

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Ask a lawyer: Complementary Therapies

Question:  My patient has asked me to administer a complementary therapy in the form of a liquid herbal substance, which I do not know much about. What are my legal obligations? Am I able to refuse? Answer: Complementary therapies are therapies that are employed in conjunction with mainstream health-care practices.1 Examples of complementary therapies may include…

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Ask a lawyer: Delegation and assignment

Question: I am the charge nurse at a medical inpatient unit of a hospital. I work with registered nurses (RNs) and licensed practical nurses (LPNs) but now the hospital has announced there will be a health-care aide (HCA) on our unit. She will be replacing one of the LPNs. As the charge nurse, I will…

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Ask a lawyer: Documentation of late entries

Question 1: Do late entries hold the same weight in court as multiple small timely entries? Answer: A late entry is one which is not made as soon as possible after an event has occurred. It is required when it is not possible to document at the time of or immediately following an event, or…

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Ask a lawyer: Electronic medical records and independent practice

Question: I have an independent foot care practice and have been using paper charting but am considering starting to chart in a Word document on my laptop. Is this appropriate? Answer: In every Canadian province or territory, there is legislation to protect the privacy of personal health information (PHI). These laws create obligations as to…

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Ask a Lawyer: Employer-Provided Professional Liability Protection

Question:  As a nurse, do I have sufficient professional liability protection through my employer or clinic? Answer:  Professional liability protection (PLP) is now widely recognized as a requirement of practice. This provides a source of adequate compensation for patients harmed in the provision of care and protects nurses from the financial consequences of civil claim….

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Ask a Lawyer: Ending the NP-Client relationship

Question:  I am a nurse practitioner and I want to end my professional relationship with a client. What do I need to consider before doing so? Answer: Ending the nurse-client relationship is not simple, and you should seek legal advice from the CNPS before proceeding. If the relationship ends in unwarranted circumstances, it may be…

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Ask a lawyer: Good Samaritan

Question: I drove by a motorcycle accident on the way to work. As an experienced emergency room nurse, I stopped to assist the injured driver until paramedics arrived on scene. Was I legally obligated to stop and assist, and will I be liable for the care I delivered if the person does not fully recover?…

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Ask a lawyer: Independent practice considerations

Question: I would like to start my own business to provide foot care services. I have taken a relevant foot care training course, but I’m curious to know if there are any other issues I must consider before launching my foot care business? Answer: In addition to ensuring they have the relevant skills, knowledge and…

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Ask a Lawyer: Mature Minor

Question: I am a nurse practitioner and my patient Jane is a 15-year old female who requires IV antibiotics for a foot infection. Jane lives away from home, attends school and is otherwise in good health. Is she capable of consenting to treatment, or must I obtain parental consent? Answer: The issue of consent is…

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