Nurses may at times be custodians of health information (also known as “trustees” in some provinces)1 by application of the law, whether or not they have previously agreed to undertake these responsibilities. Why do you need to know if you are a custodian of personal health information? All provinces and territories have now adopted legislation…
Read MoreQuestion 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: I am an ER nurse in a large Calgary hospital. A young man recently came into the ER with stab wounds to his left arm. He alleges that he has no knowledge of who the assailant was and does not want me to call the police. The nature of the wounds and his behaviour…
Read MoreIs a nurse legally required to maintain confidentiality? Yes. There is also an ethical obligation. Legal and ethical requirements to keep patient health information confidential can be found in: Federal/provincial/territorial legislation governing personal health information, regulated health professions, health facilities, health insurance, occupational health, and privacy Court decisions The Canadian Nurses Association’s Code of Ethics…
Read MoreIncreasing numbers of nurses are using smartphones and other mobile devices to communicate with colleagues and patients by telephone, text message or email and even to photograph wounds or skin conditions. Understanding the risks involved in using mobile devices may prevent potential adverse personal and professional consequences. Risk Management Considerations Privacy Breaches Unauthorized disclosure of…
Read MoreOccupational health nurses (OHNs) deliver a variety of healthcare services to employers and employees in their workplace. Some areas of concern specific to occupational health nursing (OH nursing) are: Legislation Provincial, territorial and federal legislation affecting OH nursing includes Acts governing occupational health and safety, workers’ compensation, employment and labour relations, protection of personal health…
Read MoreCorporate mergers, downsizing and buy-outs can have an impact on the practice of occupational health nurses. With these changes, occupational health departments are frequently transferred to a new corporation, or existing occupational health services may be eliminated. This can create multiple dilemmas for the employer, employee and for the occupational health nurse who is the…
Read MoreThe public and health care professionals are concerned that the introduction of computerization and other electronic technologies into health care will result in unauthorized access, data sharing and uncontrolled use of their personal information. For these reasons, the public is demanding privacy safeguards. To address these concerns, privacy legislation has been introduced at the federal,…
Read MoreTo protect the privacy of patients’ personal information and decrease their legal risks, nurses should be aware of the unique privacy issues related to the use of electronic medical records (EMRs). Privacy Risks Access Many EMR privacy breach cases involve inappropriate access. For example, a clerk in a plastic surgeon’s office repeatedly accessed the health…
Read MoreDuring legal proceedings nurses may be protected from giving evidence in certain circumstances. In this infoLAW, the Canadian Nurses Protective Society (CNPS) reviews one legal exception to the requirement to provide evidence. This exception is called privilege. What is privilege? Privilege is a special legal rule arising from rules of evidence, the common law and…
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