Question: A nurse working in primary care receives a “friend” request on her Facebook site from someone with a familiar-sounding name. The picture accompanying the request is of a lakeside sunset, so she cannot tell who sent the request. Because the name sounds familiar, she accepts the request. After going through the requestor’s profile, she...
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During 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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Electronic 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...
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Mobile devices, such as smartphones and tablets are powerful tools. When used in appropriate ways, these devices may generally help nurses communicate with colleagues and patients, as well as keep notes, research medications, monitor patient’s medical devices and aid in virtual care. While there are significant benefits that come with the integration of smartphones and...
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Nurses interact with the police in a number of different ways. They may be asked to respond to inquiries from police or provide a copy of a patient’s chart because they have assessed and treated patients who are alleged victims or suspected perpetrators of crimes. In some instances, a nurse’s own conduct or the conduct...
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THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. Introduction Many nurses use the Internet at home for personal matters, and at work to do research, access information and communicate. This novel...
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Privacy Concerns Health care organizations and health care professionals use email extensively because of its speed, reliability and convenience. However, the same characteristics that make email use advantageous are also the source of legal risks, including potential privacy breaches. Being aware of the risks inherent in the use of email can help nurses manage those...
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Email, in some cases, may be the preferred option to communicate with patients or others efficiently and expeditiously. Before using email, it is important for nurses to be aware of the risks and alternative ways to transmit information. In addition to the privacy and confidentiality considerations set out in the infoLAW, The Legal Risks of...
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Mental Health or Hospital Acts contain specific procedures to address the issue of consent to treatment for those with a psychiatric disorder. This infoLAW will not touch on persons subject to those Acts but will focus on other adults who do not have the capacity to give or refuse consent to treatment on their own...
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In the nursing profession, patient advocacy is usually discussed within an ethical framework. Is there a corresponding legal duty? Canadian court decisions have recognized the existence of a legal nursing duty to obtain proper care for patients, even when this requires nurses to seek assistance outside the usual treatment team (i.e. by speaking to someone...
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