This just came over the wires ...

New Privacy-Protective Guidelines for the Provision of 'Plan B' Emergency Contraception by Pharmacists in Ontario:

TORONTO, Dec. 15 /CNW/ - New guidelines for pharmacists have been issued in record time through a highly successful collaboration between the Ontario College of Pharmacists, the Ontario Pharmacists' Association and the Information and Privacy Commissioner of Ontario.

Dr. Ann Cavoukian, Ontario's Information and Privacy Commissioner, stated, "Within a short week of voicing my concerns, I am delighted to say that our joint working group has successfully collaborated and reached an agreement on made-in-Ontario guidelines for pharmacists providing Plan B."

These guidelines follow the issuance of the College's December 8, 2005 notice advising pharmacists not to use the "Screening Form for Emergency Contraceptive Pills (ECPs)," developed by the Canadian Pharmacists Association, which recommended the collection of detailed personal information.

Ontario's new guidelines (available at www.ocpinfo.com) emphasize that pharmacists should continue to seek information from the patient only as necessary to clarify the appropriateness of providing Plan B, keeping in mind the need to respect the individual's right to remain anonymous and to decline responding to personally sensitive questions.

"I was assured by the College that pharmacists do not routinely collect personally identifiable information with regard to the provision of Schedule II products," said the Commissioner. Personally identifiable information should not be recorded except when requested by the patient for reimbursement purposes or in those rare instances where it is deemed important for continuity of care of the patient.

Under the Personal Health Information Protection Act (PHIPA), which was enacted last year to protect the health information of Ontarians, health information custodians must minimize their collections of personal health information and must not collect identifiable information if other information will serve the same purpose.

The Information and Privacy Commissioner is appointed by and reports to the Ontario Legislative Assembly, and is an independent officer of the Legislature. The Commissioner's mandate includes overseeing the access and privacy provisions of the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act, and the Personal Health Information Protection Act, and commenting on other access and privacy issues.

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December 15, 2005

Notice to Pharmacists

Re: Ontario Guidelines for Provision of Plan B (Schedule II)

Following the issuance of an Ontario College of Pharmacists Notice to Pharmacists last week concerning a specific form being used in some cases when the Schedule II product, Plan B, was requested, a working group was formed, consisting of staff from the College, the Ontario Pharmacists Association, and the Office of the Information and Privacy Commissioner of Ontario.

The goal of the group was to develop and agree on guidelines which could be used by pharmacists in Ontario to ensure that their ongoing practice with respect to the sale of this product meets all applicable legislation, including Standards of Practice. The attached document will serve to clarify the expectations of the College that pharmacists will continue to serve their patients well by providing appropriate information and counselling and to add value to the sale of Plan B as they would for any Schedule II product.

It is suggested that existing tools and practice be examined at this time to ensure compliance with these guidelines.

Yours truly,

(signed)

Anne Resnick, R.Ph., B.Sc.Phm

Associate Director, Professional Practice Programs

Attachment

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Ontario College of Pharmacists - December 15, 2005

Ontario Guidelines for Provision of Plan B (Schedule II)

Pharmacists are health care professionals whose practice is guided by the Code of Ethics and Standards of Practice established by their regulatory body, the Ontario College of Pharmacists (OCP). Pharmacists practice in accordance with all applicable legislation and regulations including Ontario's privacy legislation, the Personal Health Information Protection Act, 2004 (PHIPA). These guidelines are the result of the joint efforts of the OCP, the Office of the Information and Privacy Commissioner of Ontario (IPC), and the Ontario Pharmacists' Association (OPA). These guidelines follow the issuance of OCP's December 8, 2005 notice which advised pharmacists not to use the "Screening Form for Emergency Contraceptive Pills (ECPs)," developed by the Canadian Pharmacists Association (CPhA).

As there are already educational resources available to pharmacists for Plan B, these guidelines will not duplicate those efforts, but will outline the appropriate application of OCP's Standards of Practice and Code of Ethics and PHIPA in the context of providing Plan B.

The IPC recognizes the important health care services pharmacists provide. The IPC's mandate is to ensure that personal health information is collected, used and disclosed in the most privacy protective manner possible. Specifically, under PHIPA, health information custodians shall not collect, use or disclose personal health information if other information will serve the purpose. Moreover, PHIPA restricts the collection, use and disclosure of personal health information to that which is reasonably necessary to meet the purpose of providing health care. OCP's Code of Ethics and Standards of Practice provide the framework for pharmacists' practice. Many components of the Code of Ethics and Standards of Practice protect patient privacy and reinforce the Ontario health privacy legislation, PHIPA.

For the provision of Plan B, as with any other Schedule II product, the pharmacist must always be involved in the decision to provide the medication. As with other medications, prior to its sale, the pharmacist has a professional responsibility to be assured of the appropriateness of the drug for the individual.

Pharmacists should continue to seek information from the patient only as necessary to clarify the appropriateness of providing Plan B, keeping in mind the need to respect the individual's right to remain anonymous and to decline responding to personally sensitive questions. As with all Schedule II products, if a pharmacist makes a decision not to sell Plan B, reasons should be communicated to the patient.

Pharmacists do not routinely collect personally identifiable information as it relates to the provision of Schedule II products. In the case of Plan B, personally identifiable information should not be recorded except when requested by the patient for reimbursement purposes or in those rare instances where it is deemed important for continuity of care of the patient.

For some background, see

• The Canadian Privacy Law Blog: Morning-after pill privacy concerns raised
• The Canadian Privacy Law Blog: Sexual history no longer taken for morning after pill in Ontario
• The Canadian Privacy Law Blog: More on dispensing "Plan B"
• The Canadian Privacy Law Blog: Ontario Information and Privacy Commissioner responds to "Plan B" concerns
• The Canadian Privacy Law Blog: CMAJ charges editorial interference over privacy-related story
• The Canadian Privacy Law Blog: Discussion of Canadian Plan B and privacy issues in the BMJ

Labels: health information, information breaches, ontario, phipa