LEGISLATIONLEGISLATIONThe Client’s

Right’s & Your Rights

TPJ4M

The foundation of a good client-health care worker relationship is a basic understanding of the clients rights, your rights and your legal responsibilities

Legislation is a body of laws that govern the behaviour of a country’s residents. Legislation is enforced by the courts.

A right is something to which a person is justly entitled.

Moral rights – based on a sense of fairness

Legal rights – recognized by law

RIGHTS

BASIC HUMAN RIGHTS IN CANADAThe Canadian Charter of Rights and Freedoms

protects human rights in Canada. It is part of the constitution and applies at all levels of government. The charter lists basic rights and freedoms including:

Freedom of conscience and religion Freedom of thought, belief, opinion and expression Freedom of peaceful assembly and association The right to vote The rights to enter, remain in and leave Canada The right to equality before and under the law,

without discrimination based on race, ethnic origin, colour, religion, sex, or metal or physical disability

RIGHTS

BASIC RIGHTS OF PEOPLE RECEIVING HEALTH SERVICES

Health care legislation consists of acts and regulations Act - another term for a specific law Regulations - consist of detailed rules that implement the

requirements of the act.

BILLS OF RIGHTS Generally, all clients have the following rights the right to be treated with dignity and respect the right to privacy and confidentiality the right to give or withhold informed consent the right to autonomy

Sometimes clients can not exercise their rights due to: Illness or injury Physical or mental disabilities Old age, if the person is confused or unable to make decisions

RIGHTS

UNDERSTANDING LEGAL ISSUES

You are legally responsible (liable) for your actions Criminal law – offenses against the public and

society in general Crime - a violation of criminal law Civil law - deal with the relationships between

people Tort - a wrongful act committed by an individual

against another person or the person’s property

LEGAL ISSUESLEGAL ISSUES

UNINTENTIONAL TORTS Negligence is when you fail to act in a careful and competent

manner and thereby harm a person or damage property. Negligence can be caused by

Not performing a task or procedure correctly Performing a task or procedure that you are not qualified to

perform Making a mistake

INTENTIONAL TORTS Assault - intentionally attempting or threatening to touch a

person’s body without the person’s permission Battery - the actual touching of a person’s body without the

person’s consent Always be aware of the client’s wishes before you perform a task

or procedure. Clients can withdraw consent at any time. If this happens, inform your supervisor.

Both may result in both civil and criminal charges

TORTSTORTS

INTENTIONAL TORTS CON‘T False imprisonment is the unlawful

restraint or restrictions on a person’s freedom of movement

Invasion or privacy -Every person has the right not to have his/her name, photo, private affairs, health information exposed or made public without having given consent.

Defamation of character - injuring the name and reputation of a person by making false statements to a third person.

Libel - in print Slander - orally

TORTSTORTS

Health care professionals have the ethical and legal responsibility to maintain the confidentiality and privacy of client health information while providing care.

The Personal Health Information Protection Act (PHIPA) ensures this.

The PHIPAPHIPA permits the sharing of personal health information among health care team members to facilitate efficient and effective care.

CONFIDENTIALITY

Personal Health & Information Protection Act (PHIPA)

Established in November 1, 2004 An Ontario act to establish rules governing the collection, use and

disclosure of personal health information in the hands of doctors, hospitals or other health care providers. The act provides individuals with a right of access to personal health information about themselves.

PHIPA applies to individuals and organizations involved in the delivery of healthcare services. Under the act, they are referred to as “health information custodians”.

the act provides a set of rules for collection, use and disclosure of personal health information and includes the following provisions:

- Consent is required for collection, use and disclosure of personal health information

- Doctors, hospitals, etc. are required to treat all personal health information as confidential

- Guidelines are set for the use and disclosure of personal health information for research purposes

- Account ability is ensured by granting individuals the right to complain if they have identified an error in their personal health information

WHAT IS PERSONAL HEALTH INFORMATION?

Any information relating to: Physical or mental health (including family hx) Previously provided care (including those who provided

the care) A plan of service Payments or eligibility for health care Donation of body parts (including blood) Information gained by testing of body parts or blood A person’s health card number The name of a client’s SDM

This information must be kept confidential, otherwise, termination of employment and possible legal issues may arise.

CONFIDENTIALITY VIDEO

CONFIDENTIALITY

WHAT DO YOU NEED CONSENT FOR?

Consent to tx Consent to admission to a health care

facility Consent to personal assistance The elements of consent include:

The consent must related to the tx The consent must be informed The consent must be given voluntarily

CONSENT

Consent must be informed this means that the patient understands the following:

The nature of the tx The expected benefits of the tx The risks of the tx The side effects of the tx Alternative courses of action The likely consequences of not having the tx

Consent may be: Implied: Consent that can be reasonably assumed

from an individual’s actions or inactions. Expressed: can be given in writing, verbally, or

electronically.

CONSENT

WHO OBTAINS CONSENT? A physician is responsible for obtaining

consent. RN’s, RPN’s and PSW’s are not required to obtain/witness consents.

If capable, the pt. makes the decision. If incapable, the substitute decision maker (SDM) will make the decision for the pt.

* There is no age of consent in Canadian healthcare *

CONSENT

The Health Care Consent Act

The HCCA is a law in Ontario that states that a patient must give consent before receiving any procedure or treatment. This means that a health care practitioner is not able to administer any treatment plan unless they have been given valid consent from the patient or patient’s guardian.The health care consent act was created on March 29th, 1996 to replace the former Consent to Treatment Act. Basically, this act was passed to ensure that no patient would have to undergo a procedure that they did not feel comfortable with or agree to.

This act is based on the principle that the patient must meet specific standards to be able to give valid consent. What we mean by this:

•They have to be considered “mentally capable” of understanding what decision they are making.

•They must be aware of the possible side effects that the treatment could cause and the consequences of not having it done.

•The consent to the procedure has to be obtained voluntarily and proven not to be fraudulent.

The Regulated Health Professions Act (RHPA) provides a framework for regulating the scope of practice of 23 health professions in Ontario, under their respective regulatory Colleges.

It includes a general Act, a Procedural Code for all the regulated health professions, and profession-specific Acts.

The RHPA does not govern the practices of traditional healers or Aboriginal midwives.

The RHPA outlines the manner in which Colleges operate with regard to health care professionals.

The Act also regulates the manner in which Colleges are to deal with complaints against a health professional.

Each college has its own procedure/process for dealing with complaints

LEGAL RESPONSIBILITIESLEGAL RESPONSIBILITIES

Colleges are responsible for: Regulating the practice of a health profession; Developing and maintaining standards of

qualification for those who apply for certificates of registration

Developing and maintaining standards of professional practice, knowledge, skill and professional ethics for its members.

There are 21 Colleges legislated under the RHPA, including:

PROFESSIONAL PROFESSIONAL COLLEGESCOLLEGES

College of Audiologists and Speech-Language Pathologists (regulates two professions);

College of Chiropodists of Ontario (also regulates Podiatrists);

College of Chiropractors of Ontario; College of Dental Hygienists of

Ontario; Royal College of Dental Surgeons of

Ontario; College of Dental Technologists of

Ontario; College of Denturists of Ontario; College of Dieticians of Ontario; College of Medical Radiation

Technologists of Ontario; College of Medical Laboratory

Technologists of Ontario;

PROFESSIONAL PROFESSIONAL COLLEGESCOLLEGES

.*College of Massage Therapists of

Ontario;*College of Midwives of Ontario;*College of Nurses of Ontario;*College of Optometrists of Ontario;*College of Occupational Therapists

of Ontario;*College of Opticians of Ontario;*College of Pharmacists of Ontario;*College of Physicians and Surgeons

of Ontario;*College of Physiotherapists of

Ontario;*College of Psychologists of Ontario;*College of Respiratory Therapists

of Ontario

YOUR LEGAL RIGHTS

Legislation ensures that Canadian workers receive fair wages and work in a fair and safe environment. All provinces have legislation that address:

human rights occupational health and safety employment labour relations workers compensation long-term care services community services

YOUR RIGHTS