Patients Bill of Rights

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Patients Bill of Rights

• Prime Time Group
• Temple Israel
• Dr. Carolyn Bennett, M.P.
• Thursday, March 14, 2002

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Rights ?

• Or Rights
• AND
• Responsibilities

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Right

• a thing one may morally or legally claim the
  state of being entitled to a privilege or
  immunity or authority to act Concise Oxford

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Responsibility

• liable to be called to account for ones
  actions Concise Oxford

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Presumption

• Health care in Canada may not be an actual
  right but is the duty and obligation of a
  caring society. Sister Nuala Kenny

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Quiz

• Which of the following is NOT a principle of the
  Canada Health Act?
• A) Portability
• B) Accessibility
• C) Comprehensive
• D) High Quality Care
• E) Publicly Funded
• F) Universality

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Measuring Quality

• Accountability
• Transparency

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Process for Protecting Rights

• Complaints based eg. Human Rights Commission
• Audit CPSO, New Zealand

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(No Transcript)
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Vision statement for Health CareKill or Cure ?

• The ability to function to my full physical and
  mental capacity
• A long-term commitment to health promotion and
  disease prevention health research
• Guaranteed access to high-quality care in a
  timely fashion
• A real say in setting, evaluating, and monitoring
  National Health Service Standards

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Vision statement for Health CareKill or Cure ?

• Emphasize that patients expect to be treated with
  respect
• Health care providers must be able to do their
  jobs with pride knowing that they are
  participating in a world-class system that is
  constantly improved as it responds to the
  evolving need of Canadians
• Providers must be appreciated and properly
  remunerated

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Patients Rights in New ZealandRon Paterson,
Health Disability Commissioner

• Background Report of the Cervical Cancer
  Inquiry 1988
• Shift in public attitudes challenged
  traditional approach of beneficence and
  paternalism
• Led to reforms of the medical disciplinary
  process
• 1994 independent statutory Ombudsman created
  the Health Disability Commissioner
• Develop enforce a Code of Consumers Rights
• Designed to promote and protect the rights of
  health consumers facilitate the fair, simple,
  speedy and efficient resolution of complaints
• The Code of Health and Disability Services
  Consumers Rights came into force in 1996 and
  sets out legally enforceable rights of consumers
  and corresponding duties of providers

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 1
• This establishes the duties and obligations of
  providers to comply with the Code, to ensure they
  promote awareness of it to consumers and enable
  consumers to exercise their rights.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 2
• This details the 10 rights of consumers and
  duties of providers.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Right 1 the right to be treated with respect
• Right 2 the right to freedom from
  discrimination, coercion, harassment, and
  exploitation
• Right 3 the right to dignity and independence
• Right 4 the right to services of an appropriate
  standard
• Right 5 the right to effective communication

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Right 6 the right to be fully informed
• Right 7 the right to make an informed choice
  and give informed consent
• Right 8 the right to support
• Right 9 rights in respect of teaching or
  research
• Right 10 the right to complain

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 3
• Sets out provider compliance requirements and
  states that where the rights cannot be met then
  the onus is on the provider to show that it was
  reasonable in the circumstances not to have done
  so.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 3 (contd)
• This reasonableness test will be applied and
  developed over time. It is expected that over
  time, greater compliance will be demanded of
  providers. This clause gives some flexibility in
  terms of a gradual implementation of these
  rights.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 4
• Establishes certain definitions where these are
  appropriate and elaborates on some of the
  definitions in the Act.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 5
• Notes that in meeting the rights no provider is
  required to break any other New Zealand law.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• Clause 6
• Ensures that all existing rights outside of the
  regulation still apply.

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• The Code therefore covers all registered health
  professionals, such as doctors, nurses, dentists,
  etc, and in addition brings a level of
  accountability to all those who might be
  considered outside the mainstream of medical
  practice, e.g. naturopaths, homeopaths,
  acupuncturists etc.
• As well as applying to individual providers, it
  also applies to hospitals and other health and
  disability institutions and allows the
  Commissioner to enquire into systems issues
  across professional boundaries.
  

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The Code of Health Disability Services
Consumers Rights (N.Z.)

• The obligation under the Code is to take
  "reasonable actions in the circumstances to give
  effect to the rights, and comply with the duties"
  in the Code.
• The onus is on providers to show that such action
  has been taken.
• The Code does not override other legislation and
  nothing in the Code requires providers to act in
  breach of a duty or obligation imposed by any
  enactment..

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My dream

• A Bill of Patients Rights and Patient
  Responsibility

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(No Transcript)
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Summary of Bill of Rights

• Timely and accurate diagnosis
• Timely access to specialty care
• Information about arthritis and about their
  arthritis care
• Informed consent regarding treatment decisions
• Access to medications and other treatments
• Participate fully in society (including
  self-care, leisure and work pursuits)

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Summary of Bill of Rights

• Research
• Representation
• Pursue healthy lifestyles
• Become knowledgeable about their arthritis
  treatment plans
• Actively participate in decisions about their
  arthritis care
• Cooperate fully with mutually accepted courses of
  treatment