ConfidentialityConfidentiality

ConfidentialityConfidentiality

There are numerous There are numerous types of information in types of information in any business that any business that must be kept must be kept confidential. confidential.

Veterinary medicine is Veterinary medicine is no exceptionno exception

As a practice owner, I have just fired an As a practice owner, I have just fired an employee for stealing money. Other staff employee for stealing money. Other staff want to know why the employee was fired.want to know why the employee was fired.

Is it legal to discuss the particulars with the Is it legal to discuss the particulars with the staff?staff?

EmployeeEmployee

All employee records including:All employee records including:

job applicationsjob applications

basic employee data – name, basic employee data – name, address, address, social security number, gender, social security number, gender, date of date of birth, occupation, rate of pay, birth, occupation, rate of pay, hours hours worked, deductions, actual payworked, deductions, actual pay

EmployeeEmployee

employment actions – hiring, employment actions – hiring, promotion, demotion, termination, promotion, demotion, termination, transfer, layoff, and recall, polygraph and transfer, layoff, and recall, polygraph and drug testing resultsdrug testing results

Must be kept locked upMust be kept locked up

All medical records needed under the Americans All medical records needed under the Americans with Disabilities Act (ADA) must be kept in with Disabilities Act (ADA) must be kept in another separate locked file another separate locked file

EmployeeEmployee

No employer may divulge any of the previous No employer may divulge any of the previous information to other staff unless they are directly information to other staff unless they are directly supervising that staff membersupervising that staff member

An employee may divulge some of the previous An employee may divulge some of the previous information to you personally, but once you have information to you personally, but once you have knowledge of it, you need to keep it confidential. knowledge of it, you need to keep it confidential.

Mrs A comes into the practice and Mrs A comes into the practice and routinely complains about everything that routinely complains about everything that is done for her pets. At my dogs is done for her pets. At my dogs obedience class Mrs B starts complaining obedience class Mrs B starts complaining to me about Mrs A.to me about Mrs A.

Can I commiserate with Mrs B and tell her Can I commiserate with Mrs B and tell her how bad Mrs A is when she comes into how bad Mrs A is when she comes into the practice? the practice?

EmployerEmployer

An employer may not divulge any An employer may not divulge any employee’s records as above to other employee’s records as above to other parties without prior, usually written, parties without prior, usually written, authorization from the employeeauthorization from the employee

If an employer is used as a reference by If an employer is used as a reference by an employee, when applying for a new an employee, when applying for a new position, the employer may divulge position, the employer may divulge information. information.

EmployerEmployer

Employers financial information is Employers financial information is confidentialconfidential

payroll, fees schedules, accounts payroll, fees schedules, accounts payable, accounts receivablepayable, accounts receivable

Information about any vendors usedInformation about any vendors used

drug suppliers, accountants, drug suppliers, accountants, attorneys, etcattorneys, etc

EmployerEmployer

Information about clients/patients of the Information about clients/patients of the practice is confidentialpractice is confidential

Basically we are under the same HIPPA Basically we are under the same HIPPA rules as pertain to human patientsrules as pertain to human patients

Client/PatientClient/Patient

All information in a medical record pertaining to All information in a medical record pertaining to the client/patient is confidential and can only be the client/patient is confidential and can only be shared between staff in the practice as it relates shared between staff in the practice as it relates to services provided to that client/patient.to services provided to that client/patient.

Only specific information, as designated by the Only specific information, as designated by the client, can be provided to outside sources with client, can be provided to outside sources with written or witnessed verbal consent of the client.written or witnessed verbal consent of the client.

Client/PatientClient/Patient

Information regarding a client’s personal Information regarding a client’s personal relationships, financial status, treatment relationships, financial status, treatment plans, personality, etc. can not be divulged plans, personality, etc. can not be divulged to others.to others.

Information regarding the status of a Information regarding the status of a patient’s health, chances of recovery and patient’s health, chances of recovery and living conditions can not be divulgedliving conditions can not be divulged

Mrs Jones calls. She has found a dog Mrs Jones calls. She has found a dog wandering around with one of our rabies wandering around with one of our rabies tags on. We look up the number.tags on. We look up the number.

I can give Mrs Jones the dog’s owner’s I can give Mrs Jones the dog’s owner’s name, address and phone number, right?name, address and phone number, right?

Medical RecordsMedical Records

The following can be divulged without prior The following can be divulged without prior written/verbal authorization:written/verbal authorization:

Rabies status to health department or police if Rabies status to health department or police if a human bite is involveda human bite is involved

A copy of all pertinent records to a A copy of all pertinent records to a specialist/emergency center whom the pet is specialist/emergency center whom the pet is being referred to being referred to

Medical RecordsMedical Records

Medical records can be provided to the Medical records can be provided to the clients/patients pet health insurance clients/patients pet health insurance carriercarrier

Medical RecordsMedical Records

Lost or stolen animal if notified by the owner Lost or stolen animal if notified by the owner that the pet is missing and it has one of your that the pet is missing and it has one of your rabies tags on.rabies tags on.

Name, address and phone Name, address and phone number of number of the owner to:the owner to:

Police, a shelter, animal Police, a shelter, animal control control or another practiceor another practice

Medical RecordsMedical Records

Lost or stolen animals - if not notified by the Lost or stolen animals - if not notified by the owner, you can not give out information. You owner, you can not give out information. You can only take their name and phone number. can only take their name and phone number. Then you must contact the owner, give them the Then you must contact the owner, give them the information and have them directly contact the information and have them directly contact the person who found their petperson who found their pet

oror You may have the finder bring the pet to you You may have the finder bring the pet to you

and you call the owner and have them pick up and you call the owner and have them pick up their pet from the practice their pet from the practice

Rights as a Job Applicant Rights as a Job Applicant

See Handout – Lawful and Unlawful See Handout – Lawful and Unlawful Interview QuestionsInterview Questions

In Heinke, M. and McCarthy, J., Practice In Heinke, M. and McCarthy, J., Practice Made Perfect, A Guide to Veterinary Made Perfect, A Guide to Veterinary Practice Management 2001Practice Management 2001

Rights as a Job ApplicantRights as a Job Applicant

If an applicant’s job description requires If an applicant’s job description requires access to and/or handling of controlled access to and/or handling of controlled substancessubstances

The applicant can be asked if they have The applicant can be asked if they have been convicted of a felony since DEA been convicted of a felony since DEA (Drug Enforcement Agency) regulations (Drug Enforcement Agency) regulations restrict who can have access to and restrict who can have access to and handle controlled substances. handle controlled substances.

Employee RightsEmployee Rights

Each employee should have a separate Each employee should have a separate employment fileemployment file

The files must be kept in a locked, secure The files must be kept in a locked, secure cabinet that is accessible only to managementcabinet that is accessible only to management

Employees should be able to see their own file, Employees should be able to see their own file, but only by request and in the presence of but only by request and in the presence of managementmanagement

Employee RightsEmployee Rights

The employer must provide a safe The employer must provide a safe workplace environment free of hazardsworkplace environment free of hazards

Free from sexual harassmentFree from sexual harassment

Provide OSHA (Occupational Safety and Provide OSHA (Occupational Safety and Health Association) trainingHealth Association) training

Employee RightsEmployee Rights

1990 - Americans with Disabilities Act 1990 - Americans with Disabilities Act (ADA)(ADA)

Disability is defined as – a physical or Disability is defined as – a physical or mental impairment that substantially limits mental impairment that substantially limits one or more of the major life functions of one or more of the major life functions of an individual an individual

Employee RightsEmployee Rights

The law applies to employers who have 15 The law applies to employers who have 15 or more employees (counted are or more employees (counted are employees on payroll who work 20 or employees on payroll who work 20 or more calendar weeks per year)more calendar weeks per year)

A “A “qualified person with a disability “ qualified person with a disability “ cannot be discriminated againstcannot be discriminated against

Employee RightsEmployee Rights

The law states that a “qualified” individual The law states that a “qualified” individual is one who “satisfies the requisite skill, is one who “satisfies the requisite skill, experience, education, and other job-experience, education, and other job-related requirements of the position such related requirements of the position such individual holds or desires, and who, with individual holds or desires, and who, with or without the assistance of a reasonable or without the assistance of a reasonable accommodation, can perform the accommodation, can perform the essential functions essential functions of such position”of such position”

Employee RightsEmployee Rights

A written job description prepared before A written job description prepared before the job is filled will be considered as the job is filled will be considered as evidence of the essential functions of the evidence of the essential functions of the jobjob

Go to LVT job description pdf fileGo to LVT job description pdf file