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 MorePrivacy is an aspect of personal information that is legislated at a federal and provincial level. At its core, personal information implies any data that can identify an individual, such as medical history.1 Patients have a right to control their own information based on what the law permits or requires. Maintaining confidentiality is an aspect of privacy and consists…
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 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 law governing occupational health and safety, workers’ compensation, employment and labour relations, and privacy. The employer must ensure compliance with…
Read MoreTechnological advancement in the healthcare field, as well as the increase in virtual care or telepractice, has helped patients access safer, faster and more specialized care than ever before. However, these developments have also given rise to a multitude of new privacy issues, concerning loss of and unauthorized access to, use, and disclosure of a…
Read MoreElectronic medical records (EMR) are now common to most nursing practices. To protect the privacy of patients’ personal health information, nurses should be aware of the unique privacy issues related to the use of EMR. Privacy Risks Access An increasing number of privacy breach cases involve unauthorized and inappropriate access by employees into their employer’s…
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…
Read MoreSocial media platforms such as Facebook, Twitter, Instagram, Snapchat, Tik Tok, YouTube, and LinkedIn allow us to communicate in real-time with “friends”, “followers” or the public. Nurses may use these sites as research and educational tools, for information sharing and as a way to network or socialize. Understanding the legal considerations involved in using social…
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