Consent Management Content for OCAN Training June 2011

2 Objectives By the end of this presentation, OCAN users should be able to: –Understand what Consent Management means for consumers –Know their responsibilities for informing the client –Know the steps involved in managing consent

3 What is Consent Management? Consent Management is the ability to provide consumers with control over how their personal health information is collected, used, disclosed (or shared), and with whom it is shared Implementing a clear and comprehensive Consent Management process is essential to ensuring PHIPA compliance and building consumer confidence

4 What Consent Management Means to Consumers It is critical for consumers to be part of a consent management process that is: –Transparent –Consistently managed and supported –Informed When consent is properly managed, consumers can be confident about participating in OCAN.

55 Informed Consent - What is Valid Consent? Under PHIPA section 18(1)(b) in order for Consent to be valid; Consent must be knowledgeable. Consent to the collection, use or disclosure of Personal Health Information about an individual is knowledgeable if it is reasonable in the circumstances to believe that the individual knows: –(a) the purposes of the collection, use or disclosure, as the case may be; and –(b) that the individual may give or withhold Consent. 2004, c. 3, Sched. A, s. 18 (5).”

66 Informed Consent – Additional Considerations In order for a consumer to be considered well informed and their consent to be meaningful, the following conditions should also be met: –The consumer should know what information about them is being collected, used and disclosed –The consumer should be aware of any positive and negative consequences of giving, withholding or withdrawing Consent –The HSP must be reasonably certain that the consumer, or their substitute decision maker, understands the information provided to them –The person is well informed enough to ask any clarifying questions, and has received responses to his or her requests for additional information

7 OCAN Specific Considerations for Consent OCAN assessment information is Personal Health Information (PHI) and therefore must be collected, used and disclosed with the consumer’s consent OCAN assessment information contains a lot of information and the consumer should be aware of what is collected, used and disclosed and what implications the collection, use and disclosure may have for them, e.g.: –Psychiatric history –Child care –Safety to others –Legal status –Etc.

8 What to Inform Consumers About Therefore, consumers need to be informed about the following 5 topics: –WHY their personal health information (PHI) is being collected, used and disclosed –WHAT personal health information (PHI) is being collected, used and disclosed –WHO it is being disclosed to and by what means –Positive and Negative Consequences of the collection use and disclosure and consent –That they have the right to give or withhold consent

9 Staff Responsibilities for Managing Consent Inform the consumer so that they understand Obtain the consent –By assuming it if you are using implied consent –By directly asking for consent if you are using express consent Document the consent

10 > Consent Management Process How to Inform, Obtain and Document Consent

11 How to Inform Consumers In order for the consumer to understand what they are consenting to, they must be properly informed. We inform consumers by: >

12 What to Include When Informing Consumers >

13 How to Obtain Consent >

14 How to Document Consent >

15 Resources to Learn More about Privacy and Consent HSPs can download the poster and brochure and other templates as part of the Consent Management Implementation Guide on the CCIM website here: – y%20ToolKit%20V2.aspxhttps:// y%20ToolKit%20V2.aspx The Personal Health Information Protection Act, (PHIPA) defines responsibilities around the collection, use and disclosure of Personal Health Information (PHI) in Ontario. It can be found online, here: – laws.gov.on.ca/html/statutes/english/elaws_statutes_04p03_e.htmhttp:// laws.gov.on.ca/html/statutes/english/elaws_statutes_04p03_e.htm The Information and Privacy Commissioner of Ontario (IPC) has a website with helpful resources about Privacy and Consent at: –

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