Sharing Health Information
Health care providers may express concerns about WCPR because it involves discussing patient information in a group setting. The concept behind the circle of care allows for the sharing of a patient’s health information among health care professionals who are providing care to that patient, without seeking the patient’s express consent every time information needs to be exchanged. This allows for the provision of clinical information to health care team members when consulted.
Every province/territory has its own legislation and rules for how personal health information is collected, used and disclosed. Privacy legislation allows for the sharing of health information through implied and express consent.
Implied Consent
Consent to share information with providers in the circle of care is generally implied consent. A patient, or their substitute decision-maker, who accepts a referral to another health care provider implies consent for sharing relevant information. This includes sharing information with all health care providers who are caring for the patient, but does not include others such as family, friends, police, and so on.
Express Consent
Express consent is required to share information with people outside the circle of care. If there is any doubt about whether or not a patient has consented to share information, then seeking express consent is wise. Although verbal consent may be acceptable in many circumstances, frequently there is need for written confirmation. Consent may be confirmed and validated by means of a suitable process and documentation in a patient’s care plan.
Consult Privacy Legislation
Ask your privacy officer or a department member responsible for privacy and risk management to review your privacy legislation so that you can assure health care providers involved in WCPR that sharing of patient’s health information complies with legal parameters.
Provincial and territorial privacy laws and oversight – Office of the Privacy Commissioner of Canada
Find a list of Canada’s privacy authorities and the laws they oversee. Visit the page