Data protection in veterinary practice

Re: Data protection in veterinary practice

Martin Atkinson — Wed, 06 Jul 2011 18:34:22 GMT

So far as I'm aware (and a newbie may like to check this for themselves), although you do have to register with the HSE and nominate a radiation supervisor i.e. yourself, so long as you only have a vertical beam, no-one is allowed within 1 metre of the machine during exposure and you are likely to unleash less than certain amounts of mAS and KV in a single exposure or accumulated over 12 months (I forget the figures but they were far less than I would ever use) then you don't need to appoint an external radiation protection advisor.

Re: Data protection in veterinary practice

bob lehner — Tue, 05 Jul 2011 19:46:47 GMT

[quote user="Martin Atkinson"]or have to appoint an external radiation protection advisor as the amount of X-rays they will be producing are less than the minimum necessary. [/quote]

Is that true ? I thought any practice using X-ray had to register with HSE and appoint an RPA. The BVA Guidance Notes for the Safe Use of Ionising Radiation in Veterinary Practice include appointment of an RPA in writing in the checklist for practices setting up X-ray facilities. Would be interested to know if that is not the case Martin.

Re: Data protection in veterinary practice

Martin Atkinson — Tue, 05 Jul 2011 14:38:25 GMT

[quote user="Evelyn Barbour-Hill"]

Ah, another whole new thread.

Your company is not PHS by any chance? For years, every year, they claim to have "registered on my behalf" and then threaten me with debt collectors and all sorts – even though I do absolutely no business with them whatsoever.

[/quote]

Funny you should mention it Evylyn but yes. Mind you CPC are not above offering to 'do the paperwork on my behalf' at a fee way over what it cost for 3 minutes on-line with a credit card.

Back to the OP or at least the bit that evolved from it into releasing clinical notes. Strange how 5 minutes after one says something has never happened it does. The client who was the subject of my post on alternative therapy who had a cat which he was refusing to treat conventionally and was now in a very poor state and I had threatened to report to the RSPCA if he didn't at elast take it to another vet for a second opinion has just turned up demanding his notes. A brief call to the VDS and it was suggested that I could not unreasonably withhold them. Oh well wrong again. But it pisses me off beause I'm sure his intentions are not entirely honourable.

Re: Data protection in veterinary practice

Evelyn Barbour-Hill — Tue, 05 Jul 2011 12:51:00 GMT

[quote user="Martin Atkinson"]Currently my waste management company is bullying me into paying them to register me for waste pre-acceptance registration even though the legislation does not come into force until next spring (as I was reliably informed by someone at the HSE). Maybe in the end it is easier to just register for all these but I get annoyed that there are people out there frightening us into giving them money to do it for us when it is not necessary and we can do it ourselves for a fraction of what they are charging 'on our behalf'.[/quote]

Ah, another whole new thread.

Re: Data protection in veterinary practice

Martin Atkinson — Tue, 05 Jul 2011 11:08:10 GMT

[quote user="Alan Tevendale"]

When printing out a history for a client that has requested this why not ask them for the oppertunity to go through the history with them. If we are required to give the history to them why not try as best as we can to turn it to our advantage. It might even be an eye opener with regards to how much a client actually understands when they've walked out of your consult room. This obviously takes us back to the issue of good client communication. The client is far less likely to want a copy of the history if you've communicated well with them in the first instance - although having said that sometimes there is just no pleasing some people.

[/quote]

There is a difference between what may be considered good practice communication and legal requirement. I've found that clients almost universally don't understand what is in their clinical notes even if you explain it to them in words on one syllable unless they are medically qualified, but then I'm just a cynic and maybe that reflects the area I practice in!

I don't think I've ever been bluntly asked for a history by a client except when they were moving and then I've just explained that when they register with a new vet I will fax the history to the practice. I believe there is a big grey zone, that the clinical history is your intellectual property and the client has only paid for an opinion not that intellectual property and is thus only entitled to data under the data protection act (including financial data) that is related to themselves. You should only be required to release clincal notes under subpoena from a court of law. Even the RCVS cannot demand that you release this information although it may go against you at your kangaroo court disciplinary hearing if you don't. Of course I'm probably wrong!

Re: Data protection in veterinary practice

Alan Tevendale — Tue, 05 Jul 2011 09:36:59 GMT

[quote user="Martin Atkinson"]

The concern with giving clients unrestricted access to their pet's clinical records is that they could, and often do, misinterpret them to the practice's disadvantage, I am still disinclined to hand them over unadulterated without a request from another veterinary practice or if (heaven forbid) I am subpoenad for them. However, fortunately our practice management system allows a place to put 'remarks' which don't go on the printed history.

[/quote]

Re: Data protection in veterinary practice

Martin Atkinson — Tue, 05 Jul 2011 09:27:28 GMT

There are a number of other things we get bullied into unecessarily. As a start-up practice the OP is also unlikely to have to register for hazardous waste regulations as he will produce less than the statutory mininum amount needed for registration (but will need an exemption certificate), or have to appoint an external radiation protection advisor as the amount of X-rays they will be producing are less than the minimum necessary. Currently my waste management company is bullying me into paying them to register me for waste pre-acceptance registration even though the legislation does not come into force until next spring (as I was reliably informed by someone at the HSE). Maybe in the end it is easier to just register for all these but I get annoyed that there are people out there frightening us into giving them money to do it for us when it is not necessary and we can do it ourselves for a fraction of what they are charging 'on our behalf'.

Re: Data protection in veterinary practice

Alan Tevendale — Mon, 04 Jul 2011 20:16:57 GMT

Although the data (history) may not be directly about the client there are financial records on file which would relate directly to the client and as such would have to be available on request. Obviously I doubt many vets would hold back records even if it were allowed. For now I'll stick with common practice and, I assume, VDS recomendations to allow clients access to the pets records on request.

Re: Data protection in veterinary practice

Martin Atkinson — Mon, 04 Jul 2011 19:41:03 GMT

I had been under the assumption that the data protection applied to all computer records but when I went computerised and tried to register I was told emphatically that the act only applied if I intended using the data for third party use. For practice administration and for marketing purposes to the client involved only it is not necessary to register. However any employee or client has the right to see records of data held about themselves. We're often told this also applies to a client's pets' clinical records however that data is not strictly about them - I wonder if anyone has ever challeged that in court?

Re: Data protection in veterinary practice

Ian Mostyn — Mon, 04 Jul 2011 16:08:16 GMT

Section 5 of the flow sheet says that you need to register if you are processing records for accounting and auditing & healthcare provision. It also states underneath that Doctors & Dentists are unlikely to be exempt and I assume vets would also need to register.

Registering with the ICO is only for computer records but staff (and clients) have a right to all data, paper or computer, if they ask.

Ian

Re: Data protection in veterinary practice

Bob Russell — Mon, 04 Jul 2011 11:23:05 GMT

As far as I am aware data protection only applies to computerised records. I would contact your insurance company for advice. Most have a legal helpline built into the premium. If you are a BVA member you will have access to a similar free helpline.

There was a thread about this about a year ago and we concluded we did not have to register. If you market to non-clients directly it probably applies as oddly it does if you record images from a CCTV system.

We have a camera in reception but this is to let us see what is going on but does not record.

I don't know if staff have a right to see their personnel files if on paper. All records need to be kept secure in whatever form they are held.

Re: Data protection in veterinary practice

bob lehner — Mon, 04 Jul 2011 10:43:19 GMT

[quote user="Evelyn Barbour-Hill"]I phoned them up and a nice lady asked some questions and said I did not need to register. She also sent me a leaflet with a flowchart that confirmed I did not need to register.[/quote]

indeed - the RCVS PSS Manual says:

-Practices may be exempt from notification if
they are processing data only for the following
purposes of their own business:
• accounts and records;
• staff administration;
• contacting own clients.

Re: Data protection in veterinary practice

Richard Carter — Mon, 04 Jul 2011 08:38:27 GMT

When you mean access, do you mean locked cabinet access or permission to look at their employment files? Employees have a right to view their own files, certainly no right to view files for anyone else. Not aware of requirements to be in locked cabinet. Business Link very good for getting lists of legal requirements to set up incl the dreaded music licences if you even thinking of allowing your staff to listen to a radio/CD/MP3. On the Data Protection side, I was under the impression if you collected and stored any data on a client, you had to be registered.

Re: Data protection in veterinary practice

Evelyn Barbour-Hill — Sun, 03 Jul 2011 23:18:27 GMT

I phoned them up and a nice lady asked some questions and said I did not need to register. She also sent me a leaflet with a flowchart that confirmed I did not need to register.

The RCVS has nothing whatever to do with any of this.

Re: Data protection in veterinary practice

Michael Woodhouse — Sun, 03 Jul 2011 23:01:43 GMT

[quote user="Ian Mostyn"]You will need to register with the Office of the Information Commissioner [/quote]

No mention in their info leaflet for small businesses about having to register

Linky

If you go through the online form if we keep the data so we can send a bill so long as we don't do credit references no need to register.

Linky

Re: Data protection in veterinary practice

An On MRCVS — Sun, 03 Jul 2011 21:56:51 GMT

Thanks Ian , that's good . Need a starting point . Thanks

Re: Data protection in veterinary practice

Ian Mostyn — Sun, 03 Jul 2011 20:32:28 GMT

You will need to register with the Office of the Information Commissioner with respect to both employee and client data held. This costs £35 per year. Data should be held securely and only staff members who need access should have access. Any data not needed to be kept should be destroyed. Only the partners & our practice manager has access to this data at our practice but any staff member can have a copy of all personal data held about them (not that anyone has ever asked).

Ian

Re: Data protection in veterinary practice

An On MRCVS — Sun, 03 Jul 2011 20:20:27 GMT

Thanks Ian . I was thinking of employees in this instance . Does personal data have to be held securely and who should have access ? I am setting up a new practice btw . The employment law is the most important element in this regard ?

Re: Data protection in veterinary practice

Ian Mostyn — Sun, 03 Jul 2011 19:37:37 GMT

Surely standard data protection rules apply and you can request a copy of all data held. It is permissible for you to be charged an admin fee of upto £10. I don't see how the RCVS can counter this law in any way

Ian