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…
Read MoreQuestion: 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…
Read MoreQuestion: 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…
Read MoreQuestion: My unit is always short-staffed, meaning that we have to constantly triage orders and reassess patient needs. Should this be documented in the patient’s chart? Answer: Across Canadian provinces and territories, health care organizations are experiencing unprecedented nursing shortages, which have been further exacerbated by the COVID-19 pandemic.1 The Canadian Nurses Association has identified…
Read MoreQuestion 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…
Read MoreNursing is a regulated profession. The titles of a nurse (be it RN, NP, LPN, RPN) and the acts authorized to nurses are protected and established by enabling legislation and each jurisdiction’s regulator. There is a specific legal scope of practice, as well as specific guidelines and standards associated with each title. People who are…
Read MoreQuestion: 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…
Read MoreQuestion: In my practice, I may be asked to provide care to patients who are non-residents1 of Canada and do not have access to public health insurance. Am I eligible for CNPS protection? Answer: Nurses providing care to non-residents of Canada remain eligible for CNPS protection, provided that a legal or regulatory proceeding arises from…
Read MoreQuestion: I am a Canadian nurse currently working outside of Canada. Am I eligible for CNPS protection? Answer: CNPS beneficiaries working outside of Canada remain eligible for assistance, provided that the claim was commenced in Canada, they were a CNPS beneficiary at the time of the events giving rise to the proceedings and they were…
Read MoreQuestion: 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 a civil…
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