DISCIPLINARY RULES
◉ What is personal health information? Answer: Personal health
information is any identifying information about clients that is in
verbal, written or electronic form.
◉ TRUE OR FALSE?
Clients have to be named for information to be considered personal
health information. Answer: FALSE.
Information is "identifying" if a person can be recognized, or when it
can be combined with other information to identify a person.
Personal health information can also be found in a "mixed record,"
which includes personal information other than that noted above.
◉ TRUE OR FALSE?
When a nurse learns information that, if not revealed, could result in
harm to the client or others, she/he must keep this information
confidential within the therapeutic relationship. Answer: FALSE.
He/she must consult with the health care team and, if appropriate,
report the information to the person or group affected.
,◉ TRUE OR FALSE? Nurses must explain to clients that information
will be shared with the health care team and identify the general
composition of the health care team. Answer: TRUE.
◉ TRUE OR FALSE. Nurses must report suspected child abuse.
Answer: TRUE
Child and Family Services Act, 1990 requires all health care
professionals to report suspected child abuse to the Children's Aid
Society; the Health Protection and Promotion Act permits reporting
of certain conditions to the Medical Officer of Health.
◉ Your client with an acquired brain injury has been stabilized and
is being transferred to another hospital for continuing care. The
client is unconscious. Her husband is aware of the transfer, but does
not know it is happening today. You tried to reach him by telephone,
without success. Before the client is transferred, you want to share
information about the care she received and the current plan of care
with the nurse who will receive her. The client's cost for this transfer
is being covered by private insurance, so you also need to share
personal health information with the insurance company. How much
information can you share, and with whom, under these
circumstances? Answer: 1. the receiving hospital nursing staff. These
nurses are members of the health care team; therefore, there is
implied consent for the sharing of information with them to provide
health care. You can, therefore, share her personal health
information.
,2. the insurance company. Express consent is required because this
disclosure is not to a custodian and is not required to treat the client.
Because the client is incapable of providing this consent, her
husband (the substitute decision- maker) must provide express
consent either in writing or verbally, before you share information.
Since you cannot reach him, you may arrange her transfer. Once you
obtain express consent from the husband, you may provide the
information to an insurance company staff member.
◉ A man who received severe facial injuries in a motor vehicle crash
arrives in your emergency room (ER). He is unable to communicate.
No next of kin has come with him. A woman calls in distress and
asks if her husband is a patient in your ER. She provides you with
details that match the information on the man's identification. You
believe she is the wife of the man with the facial injuries. Can you tell
this woman that he is in the ER? Answer: Normally, a client would
have an opportunity to request that the hospital not disclose that he
is a client in the facility or his location within the facility. This
information may be given out in this case, however, because it is
reasonably necessary to provide care. Because the law permits
disclosure that a person is a client in a facility, and his/her location
and general health status, you may provide this information to the
woman. PHIPA allows you to contact a friend or relative of an
injured client for consent. You may provide more information if the
woman indicates she is the person who can act as a substitute
decision-maker for consent to treatment.
, ◉ Your client has reviewed his health record. You answered his
questions to ensure he understood the record, but he wants
corrections made to a consulting physician's note. What do you do?
Answer: The issue is correcting a health record made by another
health care professional. If the client requested a correction to your
note, and you agreed with the correction the client requested, you
could have the client write a correction and include it with the
record or make the changes yourself. If you did not agree with the
correction the client requested, then you can have the client make a
note and append it to the record. You can then make a separate note
regarding the client's request in the health record. A client does not
have the right to correct an opinion or professional judgment by a
health care professional.
Because this is a note by another health care professional (the
consulting physician), you cannot be certain about the accuracy of
the information that the client wants corrected. You have two
options in this case: you can either contact the health care
professional who wrote the note and have this physician speak with
the client about the corrections; or you can speak with the person
responsible for ensuring compliance with PHIPA in your practice
setting.
◉ You are an OHN. The manager of an employee who is your client
has asked questions about the client's health condition. The
manager has also asked if the client has medical notes to
substantiate absences on particular dates. Can you provide this
information to the manager? Answer: There are two issues here. The