A recent Hearing Tribunal issued its written decision on the merit and orders about the conduct of a pharmacist who was found to have accessed a person’s health information without an authorized purpose. The eight separate, unauthorized accesses of the person’s Provincial electronic health records (Netcare) occurred over a 15-month period. The person was not a patient of the pharmacist and did not have a personal relationship with the pharmacist. The Hearing Tribunal found that the pharmacist misused her authority as a health information custodian and pharmacist. Although there was no information to suggest the pharmacist disclosed the health information of the person, the Hearing Tribunal found that the pharmacist’s conduct was unprofessional and warranted sanctions.
The requirement for registrants to properly collect, use, disclose, and safeguard Albertans’ health information is an essential element in pharmacy professionals being authorized to access Netcare. When health information is accessed and used for an unauthorized purpose, it calls into question whether pharmacy professionals can be trusted to have Netcare access, and the integrity of the profession is eroded.
In this matter, the Tribunal imposed significant penalties, even though there had been no previous history of unprofessional conduct by the pharmacist, there was no disclosure of patient health information, and the pharmacist admitted to her unprofessional conduct. The Hearing Tribunal ordered the following:
- a reprimand;
- the successful completion of an ethics course, at her own cost, within one year. Should the pharmacist be unsuccessful in completing the ethics course within the year, her practice permit shall be suspended until she receives an unconditional pass;
- a three-month suspension, with the first month to be served from August 1-31, 2024, and the remaining two months to be held in abeyance, pending there being no further privacy concerns for a period of two years;
- an order that the pharmacist must disclose the Hearing Tribunal’s written decision to any pharmacy employer or licensee for a period of two years; and
- a payment of 50 per cent of the costs of the investigation and hearing, to a maximum of $8,000.
Rationale for the Tribunal’s decision, is reflected in its following statements:
- [The pharmacist’s] conduct undermined the integrity of the profession because ther decisions undermined both the intent and spirit of the regulations that are established to protect the public and as a consequence erodes the trust that the public places in the profession.
- Repeatedly accessing an individual’s Netcare records without an authorized purpose is a serious breach of the standards to which pharmacists are rightly held. Understandably, [the pharmacist’s] conduct had a significant negative impact on [the individual], when [the individual] learned of it. Satisfying one’s curiosity or indulging in a “clicking” habit is no excuse for a pharmacist to access an individual’s Netcare records.
- The orders imposed by the Hearing Tribunal should send a message to the public and the legislature that the College takes regulation of the profession seriously, and that failure to meet the expectations for the profession will be met with serious consequences.
Pharmacists and pharmacy technicians – treat health information with the deference required
- Review, understand, and comply with all aspects of the collection, use, disclosure, and safeguarding responsibilities of health information. Excellent information about these responsibilities can be found on the ACP website in the Guidance and Guidelines section. The publication Helping pharmacists and pharmacy technicians understand the Health Information Act may be particularly informative.
- Visit the Alberta Office of the Information and Privacy Commissioner website. In addition to health information resources, this website also provides summaries of recent OIPC investigations and decisions involving health information.
- Discuss the proper use of health information with your peers.
- Understand that Albertan’s are empowered to access their Netcare access logs and can identify those custodians that access their health information and can question unfamiliar accesses.
- Review, and update as needed, your pharmacy’s health information policies and procedures.
- Review and discuss with peers your fundamental ethical obligations. Principles 1, 4, and 10 of the Code of Ethics will provide you with valuable guidance in this respect.
- Review, and discuss with your colleagues, ACP’s tenets of professionalism.
