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GP Pulse 03.2010 - The Royal New Zealand College of General ...

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cornerstone<br />

CORNERSTONE: the<br />

storage <strong>of</strong> patient records<br />

Cathy Webber<br />

Principal Advisor, Medico-Legal<br />

How <strong>of</strong>ten have we all heard the mantra<br />

‘patient-centred care’? Quite <strong>of</strong>ten. But<br />

if patients’ needs are truly to be paramount,<br />

the information that <strong>GP</strong>s write<br />

down about those patients should surely<br />

be a key concern as well.<br />

Patients don’t tend to like the idea <strong>of</strong><br />

their medical records being accessible<br />

to all and sundry. Clearly security <strong>of</strong><br />

information ought to be a key priority<br />

for general practices, and the importance<br />

<strong>of</strong> security and privacy is reflected<br />

in the <strong>College</strong>’s policy on storing medical<br />

records. But after discussions between<br />

the <strong>College</strong> and the Office <strong>of</strong> the<br />

able in public,’ and that non-lockable files<br />

be used only in non-public working areas.<br />

In response to a member’s concern,<br />

the <strong>College</strong> attempted to clarify a 2007<br />

pamphlet from the Commissioner in<br />

regards to storage <strong>of</strong> paper files. <strong>The</strong><br />

pamphlet interprets Rule Five <strong>of</strong> the<br />

Health Information Privacy Code,<br />

which relates to storage and security <strong>of</strong><br />

health information; the core question<br />

was whether practices should have<br />

lockable cabinets for paper files.<br />

<strong>The</strong> Commissioner made it clear that<br />

she expects all practices to ensure<br />

they have lockable cabinets—having<br />

<strong>The</strong> Commissioner made it clear that she<br />

expects all practices to ensure they have<br />

lockable cabinets—having them unlocked,<br />

but behind reception, was not enough to<br />

meet this expectation<br />

Privacy Commissioner, in future, that<br />

definition <strong>of</strong> ‘secure’ needs to change.<br />

<strong>The</strong> <strong>College</strong>’s standards for storing medical<br />

records—developed with extensive consumer<br />

input, and in keeping with relevant<br />

legislation—are found in our publication<br />

Aiming for Excellence. This states that ‘the<br />

content <strong>of</strong> medical records and documents<br />

(paper or electronic) is not identifithem<br />

unlocked, but behind reception,<br />

was not enough to meet this expectation.<br />

<strong>The</strong> <strong>College</strong> agreed to inform<br />

RNZC<strong>GP</strong> members that they should<br />

plan to meet this expectation within<br />

the next five years. Discussions on the<br />

matter are continuing: in the meantime<br />

we refer you to the standards found in<br />

CORNERSTONE through the Aiming for<br />

Excellence document. <strong>The</strong>y can be found<br />

here: www.rnzcgp.org.nz/aiming-forexcellence.<br />

<strong>The</strong> Privacy Commissioner asked that<br />

the following note on storing paper<br />

records be passed on to <strong>GP</strong>s.<br />

Rule 5 <strong>of</strong> the Health Information Privacy<br />

Code requires that health agencies, such<br />

as <strong>GP</strong>s, take reasonable steps to keep the<br />

health information that they hold secure<br />

against loss, misuse and unauthorised access.<br />

It does not specify exactly how this<br />

should be achieved. What is ‘reasonable’<br />

depends on the circumstances, such as<br />

the nature <strong>of</strong> the information, the possible<br />

harm if it is lost or inappropriately<br />

accessed, and the practicality (including<br />

space and cost) <strong>of</strong> securing it. In the context<br />

<strong>of</strong> complaints that she has received,<br />

the Privacy Commissioner has been <strong>of</strong><br />

the view that having lockable cabinets in<br />

which to store sensitive personal information<br />

is an important component <strong>of</strong> secure<br />

information handling. Even where space<br />

is very limited, a range <strong>of</strong> lockable cabinets<br />

is now available to ensure information<br />

is secure.<br />

When deciding how to store your patients’<br />

paper records therefore remember<br />

that, while considerations <strong>of</strong> cost and<br />

practicality are relevant, you need to<br />

ensure that you are protecting your<br />

patients’ records in a way that recognises<br />

their sensitivity and confidentiality and<br />

your own legal obligations.<br />

24 | <strong>GP</strong> PULSE | MARCH 2010

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