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Pharmacists continue to have concerns about the confidentiality of patient health information. It is also important that patients have confidence, not only in the pharmacist, but in all pharmacy staff, to protect their privacy. This includes both dispensary and front store staff (cashiers, stock, and delivery persons).

Principle 3 of the Code of Ethics states:

“The pharmacist preserves the confidentiality of information about individual patients acquired in the course of his or her professional practice, and does not divulge this information except where authorized by the patient or required by law.”

Standard 4 of the Standards of Practice further states:

“While respecting the patient’s right to confidentiality, the pharmacist communicates and educates to provide optimal patient care and promote health.”

You will have also noticed that a key message of the new Point of Care program also addresses confidentiality from the patient’s perspective with the message:

“Your pharmacist and pharmacy staff are required to keep all patient information confidential and safely stored.”

A recent OCP-commissioned survey found that patients have a high level of confidence in both pharmacists and the staff assisting them (see page 20), but it is vital that we continue working to ensure that this level of confidence is maintained in all Ontarians. Confidentiality is key to the pharmacist-patient relationship as well as the patient’s trust in pharmacy staff. It is for this reason that the College has drafted this confidentiality agreement (see page 9).

We strongly recommend that each pharmacy’s designated manager ensure that all staff (behind and in front of the dispensary) confirm their commitment to patient confidentiality by signing an agreement. Using the attached agreement, or any other, we urge you and your staff to sign agreements in the spirit of fostering trusting patient relationships.

At this time of year it is also especially important for pharmacists to be aware of their responsibilities for the confidentiality of patient records. The coming tax return season will bring a flurry of requests for missing receipts, patient medication histories, and prescription expenditures, all of which constitute patient health information.

A July/August 1997 article entitled “Confidentiality of Patient Information” dealt with many aspects of confidentiality and privacy. The following is a useful excerpt:

“Spouses: We have been asked on numerous occasions whether someone is entitled to a copy of his or her spouse’s prescription information. While in most cases the request is made solely out of convenience (for example, when one spouse is gathering the annual tax information), pharmacists should be cautious, as this information is sometimes gathered to discredit the spouse in a separation or custody battle. It is always a good idea to get permission from the patient whose information is being released. Nothing requires you to get written permission, but it is advisable to document your conversation with the patient; and if there is any doubt in your mind, take the time to get it in writing. Remember, not only are you protecting the patient’s confidential information but you are also protecting yourself from liability.”

There are a number of OCP articles and references on confidentiality, all of which can be found on www.ocpinfo.com. There you will find articles from past issues of Pharmacy Connection along with Council Reports and Pharmacy Practice Q&A’s. Use the “SEARCH” feature for easy locating of these references.

Confidentiality Agreement Patient’s health records and customer’s personal information are confidential. I understand that I may become aware of patient or customer information in the course of performing my duties at name of pharmacy and I am prohibited from divulging or communicating this information both during and after my employment. I agree to respect the patient’s right to confidentiality and privacy. I agree to access patient’s personal health information only as permitted in the performance of my duties or as otherwise directed by the pharmacist. I agree to preserve the confidentiality of all clinical or patient information and to not divulge this information in any form, except where authorized by the patient or required by law. Any breach, on or off duty, of this agreement will be taken seriously. Any violation can or may result in legal or disciplinary action including dismissal. I name of employee , acknowledge that I have read the confidentiality agreement and understand my responsibilities as they pertain to confidentiality of personal information and agree to the principles of this agreement. ____________________________________ Signature of employee ________________________________ _______________________ Signature of Owner/Designated Manager Date