Beruflich Dokumente
Kultur Dokumente
Discuss the ethical appeals that ground a right to confidentiality Discuss the ethical guidelines for disclosing confidential information Name the federal and state confidentiality laws that are relevant to pharmacy practice List the four exceptions to confidentiality under HIPAA Identify actions that breach confidentiality in pharmacy practice
Overview
Appeal to trust
Without trust that health care professionals will maintain confidentiality, patients may be less willing to: Seek help Share relevant information Comply with a treatment plan
Appeal to fidelity
Appeal to respect
Codes of Ethics
A pharmacist promotes the good of every patient in a caring, compassionate, and confidential manner. A pharmacy technician respects and supports the patients individuality, dignity, and confidentiality.
From the APhA Code of Ethics and the AAPT Code of Ethics for Pharmacy Technicians
HIPAA
Federal law that provides a minimum standard for privacy by restricting the use and disclosure of protected health information (PHI)
One of the motivations for passing HIPAA was targeted marketing by pharmaceutical companies
Permitted disclosures
Those required for treatment, payment, health care operations Disclosures authorized by the patient
There are numerous gaps in the regulations that are appropriately filled by professional judgment and ethical guidelines
Exceptions to Confidentiality
Required Disclosures
Abuse (child, elderly) Injuries such as gunshot wounds Reportable communicable diseases
Patient consent Surrogate decision maker when patient is incapacitated (includes minors) May warn police in case of imminent physical threat to self or others Legal proceedings Others involved in patients care
Permitted Disclosures
Inappropriate Disclosure
You are working on a prescription for a patient who has an embarrassing bowel condition and the patients name sounds familiar. You realize that the patient is a co-workers ex-boyfriend. They didnt part on good terms and so she laughs when you tell her about his plight.
Ask yourself
Is sharing the PHI necessary for the patients treatment, billing or hospital operations, or has the patient authorized the disclosure? Is sharing the PHI a required or permitted disclosure?
Cousin Billy
Your cousin Billy, who is a close friend of yours, is in the hospital and, purely by chance, you find yourself filling his prescription. The prescription is for AZT, an antiretroviral drug for treatment of HIV. You did not know that Billy is HIV+ and you are concerned for his girlfriend, Tracy. You visit Billy later and ask him if Tracy knows. Billy is adamant that Tracy not know his HIV status and insists that he is careful.
Texas law allows a persons HIV+ status to be disclosed to his or her spouse, but not a girl- or boyfriend
Are there hospital resources such as chaplains, social workers or others who might also talk to Billy?
Texas Partner Notification Program
Accessing Records
When anyone not involved in a patients care, billing or hospital operations accesses the patients medical record, confidentiality has been breached
This includes hospital employees, physicians and others who have wide-ranging access to patient records This is true even if the person does not share the information in the chart with others
Inappropriate Access
You have learned that one of your co-workers fell ill over the weekend and was admitted to the hospital. Curious about his ailment, you check his record to see what hes taking.
Ask Yourself
Do I need this information for the patients care? Is this information I would legitimately have access to anyway?
You are shocked to hear that Princess Magdalena Vanessa of Elvefal is a patient in the hospital. Your parents immigrated from Elvefal and you have grown up hearing about its royal family. Your whole family celebrated the Princesss marriage to Prince Nicolas Magnus last year. You are deeply concerned about the Princess, especially since there have been rumors that she is expecting. You want to check her chart to see if she is OK.
If you do not need access to a patients record for treatment, billing or hospital operations, it is inappropriate to access the patients record without the patients authorization.
This is true even if you want to access the record out of concern and not out of curiosity.