GLOSSARY

Taking responsibility for decisions and actions, including those undertaken independently and collectively as a member of the healthcare team; accepting the consequences of decisions and actions and acting on the basis of what is in the best interest of the patient/client.

An expression of sympathy or regret, a statement that a person is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit fault or imply an admission of fault or liability in connection with the matter to which the words or actions relate. The 2009 Apology Act aims to increase transparent and open communication among health care professionals, patients and the public. (Apology Act, 2009)

The term “circle of care” is not a defined term under the PHIPA or the federal privacy legislation, the Personal Information and Protection of Electronic Documents Act (PIPEDA). The term emerged in a series of questions and answers developed by Industry Canada called the PIPEDA Awareness Raising Tools (PARTs) initiative for the Health Sector. There it was defined as follows:

In Canada, a healthcare professional owes an ethical and legal duty of confidentiality to his or her patients. However, this right of confidentially is not absolute. A health information custodian may disclose personal health information if they reasonably believe there is a risk of harm [PHIPA s.40(1)].

An independent body created by the provincial government of Ontario under the Health Care Consent Act.

A conflict of interest exists where a Respiratory Therapist engages in any private or personal business, undertaking or other activity or has a relationship in which,

• the Respiratory Therapist’s private or personal interest directly or indirectly conflicts, may conflict or may reasonably be perceived as conflicting with their duties or responsibilities as a healthcare professional; and/or

• the Respiratory Therapist’s private or personal interest directly or indirectly influences, may influence, or may reasonably be perceived as influencing, the exercise of the member’s professional duties or responsibilities.

It is important to note that a conflict of interest may be actual or apparent (perceived).

The HCCA outlines the requirement for healthcare professionals who proposes a treatment or plan of care to ensure that they receive informed consent from the patient/client or their substitute decision maker before proceeding.

Defined in PIHIPA as “a person or organization who has custody of control of personal health information” [PHIPA, s.3(1)]. This is generally the employer.

The Health Care Consent Act (HCCA) refers to “know capable wishes”, which refers to the expressed wishes of a patient/client. This legislation recognizes that any individual, while capable, may express their wishes with respect to treatment decisions that are to be made on his or her behalf if he or she becomes incapable.

Sometimes required to assist with decision-making for a patient/client in hospital who is
considered mentally incapable to make care or treatment decisions. The Health Care Consent Act contains a guide to identifying who the legally authorized SDM is, based on hierarchy of people. The highest-ranking person on the hierarchy who is willing and able to make decisions regarding healthcare for the patient/client becomes the SDM. (HCCA, 1996)