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Privacy And Confidentiality In Nursing Practice Workbook (British Columbia College of Nurses & Midwives)

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Privacy and
Confidentiality
BCCNM LEARNING MODULE — WORKBOOK
In Nursing Practice
Introduction
This workbook offers activities that will allow you to apply ideas presented in the
on-line Learning Module. It is organized in three sections.
• Part 1 includes Workbook Activities that are related to various topic areas
addressed in the on-line Learning Module. As you work through the module, you
will be directed to complete a specific Workbook Activity. Part 1 also includes
pages for you to record your thoughts related to learning in this module. There
are two pages: “Thoughts from Reflection Points” provides a space to note down
your thoughts and insights related to “Reflection Points” included in the on-line
Learning Module, while “Insights and affirmations” provides a space to note key
aspects of your learning that have been supported by the Workbook Activities.
Information from both of these pages will be useful for you when you create your
Learning Plan at the completion of this module. Finally, Part 1 also includes a
complex case example (Jasmine and Mr Brooks) that offers an option of extending
your learning beyond the scope of the on-line module case scenarios. A discussion
of this complex case scenario can be found in Part 2: Sample answers.
• Part 2 presents sample responses to Workbook Activity #2 and to the questions
included with the complex case example: Jasmine and Mr Brooks.
• Part 3: This section of the workbook provides an opportunity for you to create a
plan for your professional growth. A sample Learning Plan is provided to help you
in this process.
page 2confidentiality and privacy in nursing practice workbook
Part 1
Workbook Activities
Workbook Activity #1
1
page 4confidentiality and privacy in nursing practice workbook
Before you return to the module, take a few moments to reflect on this activity and your conclusions from the
related Reflection Point. What have you learned about your nursing practice related to management of client
information? Were aspects of your nursing practice affirmed by this workbook activity? Or perhaps you gained
some new insights regarding areas that challenge you?
Record these conclusions on the “Affirmations and Insights” page located on page 13 of this Workbook. At the
completion of the module, you will have an opportunity to use the insights and affirmations gained in various
learning activities, as part of your planning for future professional growth and development.
In this activity you will explore the direction provided within BCCNM Professional Standards and CNA
Code of Ethics for maintaining client privacy and confidentiality in nursing practice and consider how this
can support you in your nursing practice. These documents can be accessed by the links in the learning module
or directly from :
RN: https://www.bccnm.ca/RN/ProfessionalStandards/Pages/Default.aspx
NP: https://www.bccnm.ca/NP/ProfessionalStandards/Pages/Default.aspx
1. Begin by reviewing the BCCN
M Professional Standards for Registered Nurses and Nurse Practitioners.
2. Next, locate the CNA Code of Ethics (in a later section of the BCCNM Professional Standards document), find
Value E: Maintaining Privacy and Confidentiality, and review the ethical responsibilities related to this value to
get a sense of what they say.
3. Now, recall your conclusions from the first Reflection Point in this module in which you considered the sources
and volume of client information that you collect, use and share in an ‘average workday’. (If you made notes
during that reflective activity, you may wish to review them now). What direction do the ethical responsibilities
outlined in Value E in the Code of Ethics provide for your management of this information? Are there areas that
you find challenging?
Note your thoughts related to this activity here, so that you can refer back to them later.
page 5confidentiality and privacy in nursing practice workbook
Workbook Activity #2
In this activity you will review the BCCNM Practice Standard for Privacy and Confidentiality, and consider the
direction it provides in nursing practice by focusing on the principles within the Practice Standard. In a later
workbook activity we will consider how these principles guide specific aspects of client privacy and confidentiality.
The Practice Standard can be accessed by the link in the learning module or directly from
https://www.bccnm.ca/RN/PracticeStandards/Lists/GeneralResources/RN_PS_PrivacyConfidentiality.pdf
1. Please read the BCCNM Practice Standard for Privacy and Confidentiality to get a sense of what it includes.
2. Now return to the Principles. Read these carefully and notice how they reflect the direction provided by the
legislation, the BCCNM Professional Standards, and the CNA Code of Ethics.
3. Now consider each of the Principles with respect to your nursing practice. Complete the following table by
providing an example from your nursing practice that will illustrate the application of the principle. When you
have completed this, you may wish to compare your examples with those found in the “Sample Answers’ section,
in Part 2 of this Workbook.
2
1) I add my signature and title, or initials as
appropriate, to each entry they make on the
health record
2) Nurses collect personal and health information
on a need-to-know basis.
3) Nurses ensure that clients are aware of their rights
concerning their personal and health information
and have consented to the collection, use and
disclosure of this information.
4) Nurses share relevant personal and health
information with the health care team. Nurses
explain to clients that this information will be
shared and identify to them who is on the health
care team (e.g., physicians, social workers).
5) Nurses respect clients’ rights to access their own
health records and to request correction of the
information
6) Nurses safeguard personal and health
information learned in the context of the nurse-
client relationship and disclose this information
(outside of the health care team) only with client
consent or when there is a specific ethical or legal
obligation to do so.
An example of how this is applied
in my practice is …
Principle from the Practice
Standard
page 6confidentiality and privacy in nursing practice workbook
Workbook Activity #2
2
7) Nurses have an ethical obligation to disclose
in situations that involve a substantial risk of
significant harm to the health or safety of the
client or others. In these situations, nurses use
a process of ethical decision-making before
disclosing confidential information. Whenever
possible, this process involves consulting with
knowledgeable colleagues.
8) Nurses comply with any legal obligation to
disclose confidential information that is imposed
by legislation or required under a warrant, court
order or subpoena.
9) In all cases where disclosure of confidential
information is necessary, nurses restrict the
amount of information disclosed and the number
of people informed to the minimum necessary to
fulfill the legal and ethical obligations.
10) Nurses access personal and health information
only for purposes that are consistent with their
professional responsibilities.
11) Nurses take action if others inappropriately
access or disclose a client’s personal or health
information.
An example of how this is applied
in my practice is …
Principle from the Practice
Standard
Before you return to the module, take a few moments to reflect on this activity. What have you learned about
how you apply the principles related to client privacy and confidentiality in your nursing practice? Were
aspects of your nursing practice affirmed by this workbook activity? Did the principles offer new insights into
aspects of privacy and confidentiality that you have found challenging in some way?
Record these conclusions on the “Affirmations and Insights” page located on page 13 of this Workbook. At the
completion of the module, you will have an opportunity to use the insights and affirmations gained in various
learning activities, as part of your planning for future professional growth and development.
page 7confidentiality and privacy in nursing practice workbook
Workbook Activity #3
This activity provides an opportunity for you to review privacy and confidentiality policies in your health care
agency and nursing unit and to become aware of relevant individuals that can assist you and/or clients with
concerns related to privacy and confidentiality.
1. Locate your agency and/or unit’s policies and review the direction they provide for nurses with respect to
• Collecting client information, including obtaining client consent for that process.
• Managing and storing information. This will include policies related to documentation, e-documentation,
faxing and sending client information within and between health care agencies and so on.
• Client requests to review their records and/or have a correction made to their records.
• When, how and what client information to share with health care providers outside of your organization in
order to support continuity of care.
2. Determine who is the relevant resource person that you and / or clients can consult regarding concerns related
to privacy and confidentiality of information.
This information will be useful in your daily nursing practice. You may wish to note your thoughts related to this
activity here so that you can refer back to them at a later date.
3
page 8confidentiality and privacy in nursing practice workbook
Workbook Activity #4
This activity provides an opportunity for you to consider a challenge related to privacy and confidentiality that
you have encountered in your nursing practice, to use the information presented in the module to explore this
challenge, and to propose an appropriate response that you could use in the future.
1. Begin by reflecting on your nursing practice. Identify a situation that relates to client privacy and confidentiality
that you found challenging in some way. For example, have you experienced a situation in which
• You were not sure if you should disclose client’s personal or health-related information to another person?
• A client asked you to let them see their medical records and another nurse told you ‘we don’t do that here’?
• Someone else asked you to access “their friend’s” health-related information so that they could “help the
family understand it”?
• You witnessed another health care professional breaching client confidentiality and were not sure what to do?
2. Note down the key points of your challenging situation here.
4
3. Now, using the information provided in the module:
• Identify the key issue(s) in this scenario. For example, is the issue related to respecting client confidentiality?
Or accessing information? Or collecting information? Or disclosing information? Does it focus on the need
for client consent to support an action?
4. Consider the professional and legal directives for this issue. Resources that will help you in this step
include
• Relevant module discussion (click on a Tab in the module to open up the section you want to review).
• BCCNM Practice Standard: Privacy and Confidentiality
• BCCNM Professional Standards
• The CNA Code of Ethics, Value E: Confidentiality.
• Your agency and nursing unit policies and procedures related to client privacy and confidentiality.
• Other relevant resources included in the Learning Resources section of the module
page 9confidentiality and privacy in nursing practice workbook
Workbook Activity #4 (continued)
5. Using the information provided in these resources and in the module, identify appropriate nursing actions
related to this issue. Make sure these are actions that are feasible and realistic for you in your practice area. Note
these here so that you can refer to them in the future.
4
Finally, take a few moments to reflect on this activity. What have you learned about managing client privacy
and confidentiality in your nursing practice? What aspects of your nursing practice were affirmed by this
workbook activity? Did the process of working through a personally challenging experience offer you new
insights regarding how you might respond in the future?
Record these conclusions on the “Affirmations and Insights” page located on page 13 of this Workbook. At the
completion of the module, you will have an opportunity to use the insights and affirmations gained in various
learning activities, as part of your planning for future professional growth and development.
page 10confidentiality and privacy in nursing practice workbook
Workbook Activity #5
5
Confidentiality and Privacy in Nursing Practice: Planning for Professional Growth
This final learning activity will guide you in developing a plan for future development of your
documentation in your nursing practice. Please see Part 3 in the Workbook for a plan outline and
an example.
1. Begin by reviewing the thoughts that you have recorded on both the “Thoughts from Reflections” and
“Affirmations and Insights” pages in this Workbook. These pages include all of the conclusions you have
formed about your nursing practice related to client privacy and confidentiality as you have worked
through this module. In other words, they are a comprehensive self-assessment! Now its time to put that to
use!
Take some time to read through these conclusions. First, notice and acknowledge your strengths. Then pay
attention to the areas that you have identified as areas for development and growth or areas that challenge
you. As you read these, notice which ones seem to resonate with you or feel most important to you. Use
these conclusions to determine the goals that will support ongoing growth of your nursing practice related
to client privacy and confidentiality.
2. Create three goals that reflect your focus for development in your capacity to establish and maintain
privacy and confidentiality related to client’s personal and health-related information in your nursing
practice. Write these in the appropriate place in “Privacy and confidentiality in nursing practice: My plan
for growth” (Part 3, p. 19).
3. The next step is to develop an action plan that will help you meet those goals. Begin by identifying
resources that you could use to assist you in meeting your goals. If you are not aware of specific resources,
then begin by listing the sources you will explore in order to learn what you can do to support your growth
toward your goals.
4. Once you are familiar with the learning opportunities that are available to you, create an action plan that
outlines speci ic strategies you will use, what resources you need in order to implement these strategies
(e.g. who do you need to talk to, learning materials you want to acquire, learning experiences you need to
arrange etc) and, importantly, a target date for completion.
Perhaps you are feeling unsure about how to do identify goals and create an action plan? The “planning for
growth” page (Part 3, p. 20) has provided a brief example of this process. As well, it is recommended that
you use the BCCNM Continuing Competence tutorials and written documents to assist you help in this
process. You may wish to review these now.
5. Finally: Add your plan to your Continuing Competence file, workbook or portfolio. And remember to
update it once you have completed the actions!
page 11confidentiality and privacy in nursing practice workbook
Workbook Activity #5 (continued)
Jasmine walked slowly down the hallway in the Long Term Care unit, deep in thought. Yesterday, Dr Serl, the family
physician of one of the clients, Mr Brooks, had called with results of various tests that Mr Brooks had had done to
investigate his ongoing complaints of lower back and hip pain, abdominal pain, nausea and poor appetite. Dr Serl
had told Jasmine that Mr Brooks had ‘late stage colon cancer’: He had tumors in several locations in his colon, and
evidence of spread to his abdominal lymph nodes, pelvic bones and liver. Dr Serl had explained that he would talk
to Mr Brooks family but, given that Mr Brooks was 88 years old, the extensive nature of the disease, and the very
poor prognosis, he would recommend that management be focused on comfort care, rather than pursuing aggressive
treatment. Jasmine had agreed with Dr Serl. Today Mr Brooks’ son Tim, had come into visit his father. After visiting
his father, Tim had asked Jasmine if her could talk with her. In their conversation, Tim explained that he and his
sister were very concerned that, if his father was told he had cancer, he would be ‘devastated’, ‘become extremely
depressed and just give up’. He told Jasmine that they did not want Mr Brooks to be told that he had cancer,
explaining “that we just want him to enjoy his last days.” Jasmine had listened to Tim’s request carefully and told him
that, while she understood his concerns, she needed to discuss his request with other health care team members. She
suggested that perhaps she, Dr Serl, Tim and his sister could meet the next day to discuss the request in more detail.
Tim is Mr Brooks official next of kin and designated substitute decision-maker.
Questions for consideration
Take some time to consider the following questions, and note your thoughts in the space provided. You may
find it helpful to discuss this situation with other health care professionals (just as you would if this situation
occurred in your clinical practice). When you are ready, you may wish to compare your conclusions with those
provided in Part 2, Sample Answers.
1. What is your response to Jasmine’s actions in this situation? Do you think they are appropriate ? What would
you do if you were Jasmine?
5
2. Is it appropriate for Dr Serl and the Long term Care staff to withhold this information from Mr Brooks?
3. Is it appropriate for Tim to make the decision to withhold information from his father? If not, who should make
the decision?
Thoughts from Reflection Points
page 12confidentiality and privacy in nursing practice workbook
Client Privacy and Confidentiality
in my Nursing Practice:
Affirmations and Insights
page 13confidentiality and privacy in nursing practice workbook
Part 2
Sample Responses
page 15confidentiality and privacy in nursing practice workbook
Workbook Activity #2 (sample response)
1) I add my signature and title, or initials as
appropriate, to each entry they make on the
health record
2) Nurses collect personal and health information
on a need-to-know basis.
3) Nurses ensure that clients are aware of their rights
concerning their personal and health information
and have consented to the collection, use and
disclosure of this information.
4) Nurses share relevant personal and health
information with the health care team. Nurses
explain to clients that this information will be
shared and identify to them who is on the health
care team (e.g., physicians, social workers).
5) Nurses respect clients’ rights to access their own
health records and to request correction of the
information
6) Nurses safeguard personal and health
information learned in the context of the nurse-
client relationship and disclose this information
(outside of the health care team) only with client
consent or when there is a specific ethical or legal
obligation to do so.
7) Nurses have an ethical obligation to disclose
in situations that involve a substantial risk of
significant harm to the health or safety of the
client or others. In these situations, nurses use
a process of ethical decision-making before
disclosing confidential information. Whenever
possible, this process involves consulting with
knowledgeable colleagues.
An example of how this is applied
in my practice is …
Principle from the Practice
Standard
I know that different Acts apply to nurses practicing
in different areas & that the policies in my
agency and nursing unit policies that reflect this
legislation.
When I am collecting an admission history from
a client, I focus my inquiry on areas that help me
understand the reason for their admission. I ask
clients if ‘there is anything else it would be helpful
for us (nurses) to know”.
When I am collecting information from clients I
always explain to them how it will used and who
will see it & I ask them if they are OK with that.
When a client has an issue that the physician needs
to know about, I always explain to clients that I am
going to call the physician and let them know.
If clients ask to see their medical records I support
their request and at the same time follow the
agency and nursing unit policies related to this.
When I am working with a client to prepare for
discharge following surgery, I explain the need
to share information with other health care
professionals ‘outside’ of our existing team e.g.
their family physician, the home care nurse, social
worker etc, and ask if they are OK with that.
Recently we had a patient admitted with
respiratory issues that turned out to be TB.
Although I did not have to actually make the phone
calls in this case, I know that we are ethically and
legally required to report communicable diseases.
page 16confidentiality and privacy in nursing practice workbook
Workbook Activity #2 (sample response)
8) Nurses comply with any legal obligation to
disclose confidential information that is imposed
by legislation or required under a warrant, court
order or subpoena.
9) In all cases where disclosure of confidential
information is necessary, nurses restrict the
amount of information disclosed and the number
of people informed to the minimum necessary to
fulfill the legal and ethical obligations.
10) Nurses access personal and health information
only for purposes that are consistent with their
professional responsibilities.
11) Nurses take action if others inappropriately
access or disclose a client’s personal or health
information.
An example of how this is applied
in my practice is …
Principle from the Practice
Standard
I know that the Health Professions Act requires
me to report inappropriate conduct or practice of
another health care professional.
In the earlier e.g. of the client with TB, we had
considerable discussion about who we had to
inform about this – and who didn’t actually need
to know.
This is the principle I use to say ‘no’ when family
or friends ask me to ‘give them the inside scoop’
on a relative who is a client on our nursing unit.
I have not ever had to do this but becoming more
aware of appropriate actions related to privacy
and confidentiality will help me know when I
need to act in this way.
page 17confidentiality and privacy in nursing practice workbook
Jasmine and Mr Brooks:
Discussion
The central question in this scenario is whether to withhold or share information
with Mr Brooks regarding his health status. This is a complex question. It not
only includes considerations related to his right to have access to his health-
related information (legislated by privacy and confidentiality legislation), but also
includes other ethical considerations. As such, determining appropriate actions
in this situation requires a comprehensive ethical decision-making process and
consideration of direction provided by all values in the CNA Code of Ethics - and
not just those that related to Value E: Maintaining Privacy and Confidentiality. A full
ethical analysis of this situation is beyond the scope of this module. However, if you
would like more information about ethical decision-making processes please refer
to the Learning Resources Section of this module for some suggested readings.
That said, what are we able to conclude about this situation without completing
a full ethical analysis? Well, let’s start by considering Jasmine’s response to Tim’s
request. Jasmine’s actions of listening carefully and then asking for time to consider
the situation, along with her proposal of a subsequent meeting of family members
and relevant health care professionals, offers a very appropriate and useful response
in this situation. This strategy provides an opportunity for gathering more
information, consultation with relevant health care professionals, and consideration
of guidance gained from professional and legal directives. This will result in all
individuals (i.e. Mr Brooks’ family and the health care professionals) being more
fully informed about all aspects of the situation and, as such, will support the more
comprehensive ethical decision-making process that this situation requires.
What did you conclude about whether or not Mr Brooks’ health-related
information should be shared with him or withheld? The CNA Code of Ethics offers
insight into what might be appropriate action here. Within Value C: “Promoting
and respecting informed decision-making”, the Code of Ethics directs nurses (and
Jasmine) to “recognize, respect and promote a person’s right to be informed and
make decisions.” Further, in Value E: ‘Maintaining privacy and confidentiality’,
the Code of Ethics directs nurses to “ advocate for persons in their care to receive
access to their own health-care records”. At first consideration, it may appear that
Jasmine should advocate for Mr Brooks to be offered the information related to his
diagnosis. He could decline the opportunity to know the test results if he chose to.
page 18
Jasmine and Mr Brooks:
Discussion
However, it is not quite that straightforward. A key point (and a relevant ethical
issue) in deciding if it is appropriate for Jasmine to honor Tim’s request to withhold
information from his father, or if she needs to advocate for Mr Brooks to be informed
about his health status, is the need to determine if Mr Brooks is competent to make
his own health care decisions. The question that needs to be answered first is: “Is Mr
Brooks able to understand the information related to his health issues, appreciate
the implications of the situation, and communicate his choices?” If Mt Brooks is not
deemed competent to make decisions for himself then it is appropriate for Tim, as
his designated substitute decision-maker, to make decisions on his behalf. However,
in those circumstances, any decisions that Tim makes for his father must represent
what Tim believes to be Mr Brooks’ wishes. On the other hand, if Mr Brooks is
deemed competent, then ethically appropriate actions would include supporting him
in making his own health care decisions. This would mean that, if Mr Brooks wanted
to know his test results, prognosis and so on, he should be given all the information
he needs to understand his situation. This would allow him to make an informed
decision about Dr Serl’s proposed plan of focusing on comfort care and not pursuing
aggressive treatment.
So, in summary, Jasmine’s proposal to have a meeting that includes Dr Serl, herself
and Mr Brooks’ family members offers a realistic first step in finding a resolution in
this situation. The meeting will provide a forum in which information can be fully
shared and discussed, Mr Brooks’ competence can be considered, and the health care
professionals can assist the family in making a decision that is ethically appropriate.
In closing, it is important to acknowledge that situations like this one are complex.
With this in mind, nurses will often find it necessary and helpful to seek additional
advice and support. For example, in this situation Jasmine could also consult Ethics
Advisors within the health care agency where she works or contact the BCCNM
Practice Support Consultants.
confidentiality and privacy in nursing practice workbook
Part 3
Growth Planning
My plan for growth in Documentation
Goals
1.
2.
3.
page 20confidentiality and privacy in nursing practice workbook
Action plan
People or places that I can investigate for learning strategies to help me meet my goals for growth are:
1.
2.
3.
Specific strategies that will help me in meeting my goals are
strategy resources i need
to implement this
strategy
target
completion
date
other thoughts
Reminder: Add your completed action plan to your Quality Assurance Portfolio.
Client Privacy and Confidentiality:
My Plan for Growth - An Example
Goals
1.
2.
3.
page 21confidentiality and privacy in nursing practice workbook
Action plan
People or places that I can investigate for learning strategies to help me meet my goals for growth are:
1.
2.
3.
Specific strategies that will help me in meeting my goals are
strategy resources i need
to implement this
strategy
target
completion
date
other thoughts
Reminder: Add your completed action plan to your Quality Assurance Portfolio.
To become familiar with best practices related to maintaining client privacy and condentiality when using
electronic documentation.
Talk to Clinical Nurse Educator and/or Nurse Leader on Nursing Unit for suggestions about learning resources
Example: detailed plan
1. Review resources available in
my nursing unit
2. Review BCCNM resources
regarding electronic
documentation for specic
information related to client
privacy & condentiality
3. Complete Literature search
using CINAHL
1. None – just look on
the shelves & on the
Intranet at work!
2. Use work or home
computer to do this.
Web site URLs in
Learning resource
section of module
3. Call BCCNM
library for advice
& assistance in
doing this.
1. During my next set
of scheduled shifts
2. By end of this
month
3. By end of next
month.
Could ask the nurse educator
at work – maybe she can help
me with this?
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