Pharmacy Law and Ethics - Day 11.pdf

Pharmacy Law and Ethics Day 11 Today’s Topics 1. PHIPA 2. PIPEDA 3. The Privacy Act, 1990 4. Canadian Privacy Legislation, 2004 5. WHMIS PHIPA, 2000 The Personal Health Information Protection Act  PHIPA is an in-depth piece of legislation designed to address very complex issues concer...

Pharmacy Law and Ethics Day 11 Today’s Topics 1. PHIPA 2. PIPEDA 3. The Privacy Act, 1990 4. Canadian Privacy Legislation, 2004 5. WHMIS PHIPA, 2000 The Personal Health Information Protection Act  PHIPA is an in-depth piece of legislation designed to address very complex issues concerning the collection, use and disclosure of personal health information by health information custodians  Some information is needed to manage our publicly funded health care system, for health research and other purposes of health have social value  Family members, the law enforcement community, medical officers of health, and others may have a legitimate need to access personal health information, under limited specific circumstances PHIPA, 2000 The Personal Health Information Protection Act  However, most people are very concerned about how their personal health information is collected, used and disclosed  They expect their health care providers to protect this information and not to use, or disclose it, intentionally or inadvertently, for purposes not related to their care and treatment  This Act sets out rules to balance different interests in circumstances where the needs of other parties may affect or conflict the individual’s right to privacy The Privacy Act, 1990  Canada has 2 federal privacy laws: the Privacy Act, and the Personal Information Protection and Electronic Documents Act (PIPEDA)  The Privacy Act ensures that Canadians can access information collected about them and can challenge the accuracy of the information  Under its provisions, such information should be:  Collected by government institutions in relation to operating programs or activities  Collected from the individuals personally  Accurate and relevant (up to date)  Subject to correction by the individual  Used only for the purpose for which it was originally intended The Privacy Act, 1990  The Privacy Commissioner of Canada receives and investigates complaints, including complaints that an individual was denied access to his or her personal information held by a government institution The Personal Information and Electronic Documents (PIPEDA) The Public Section  Both federal and provincial laws regulate the government’s collection, use and storage of personal information in Canada  These laws guide the type of information the government can collect, and how such information can be used  The provincial and territorial privacy acts guarantee individual’s rights to view and correct their personal information  The acts are administered and overseen by an independent commissioner or ombudsperson with the authority to investigate complaints The Personal Information and Electronic Documents (PIPEDA) The Private Sector  PIPEDA addresses the collection, storage and use of personal information by organizations in the private sector  Its provisions apply to information collected, used or disclosed by federally regulated agencies, such as telecommunications companies, ISPs, broadcasters, airlines and banks  PIPEDA also applies to federally regulated companies that conduct business online; and it extends to business in Nunavut, the Yukon and the Northwest Territories The Personal Information and Electronic Documents (PIPEDA)  This legislation allows individuals the right to see and correct any personal information about them collected by companies in the course of their commercial activities  These provisions state that businesses must inform consumer of who is collecting the information, why the information is being gathered and for what purposes it will be used  All organizations are required to designate an individual to handle privacy issues and complaints The Personal Information and Electronic Documents (PIPEDA)  For the most part, disputes regarding the collect, storage and use of personal information should be resolved between the individual and the organization  If the matter is not resolved satisfactorily, the individual can file a complaint with the Privacy Commissioner, who has the authority to investigate complaints regarding privacy issues – and also to publish the results of the investigation  However, this happens only rarely WHMIS Workplace Hazardous Material Information System  WHMIS is a Canada wide system designed to give workers the RIGHT TO KNOW about hazardous material used in the workplace  Under WHMIS, there are 3 ways in which information on hazardous material is provided to the worker  These are: 1. Labels 2. Material Safety Data Sheets (MSDS) 3. Worker Training WHMIS  All businesses in Ontario are covered by the Occupational Health and Safety Act  There are a few exemptions, for example, private residences, farming operations and anyone not paid for their work i.e. volunteers and students  Under this Act, there are duties defined of the employer, the supervisor (identified by the employer) and the worker  Workers covered by the Act have the right to refuse unsafe work  If the worker has reason to believe that the equipment, machinery or devices are likely to cause health or safety concerns, then steps must be taken to investigate the problem WHMIS Purpose of WHMIS:  It describes the dangers of the material you are exposed to, on the job  It tells you how to protect yourself from these dangers Employers Responsibilities  Labeling of hazardous materials used in the workplace  Keeping up-to-date Material Safety Data Sheets (MSDS), assessment of products in the workplace  Worker education and training – workers must receive annual training  Provision of information in medical emergencies and inventories WHMIS Suppliers Responsibilities  The supplier (manufacturer) must determine which of their products are hazardous materials, provide information about those products covered under WHMIS, revise/update MSDS and labels as new information becomes available and once every 3 years, supply all labels and MSDS in English and French Workers Responsibilities  The employee may not remove, deface or alter any WHMIS label on the container of hazardous material, must participate in WHMIS training, and be able to apply the information learned from the training program when working with hazardous materials/controlled products WHMIS  Under WHMIS, hazardous materials are referred to as controlled products and are defined as a biological or chemical agent named or described in the regulation as a ‘hazardous material’  For a product to be covered under WHMIS, one or more of its ingredients must be identified in the Ingredient Disclosure List or fall or fall under any of the eight criteria identified in the WHMIS Training Manual See Pages 4-43 TO 4-71 for WHMIS Training Manual