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Dear Sue, I would consider the request for transfer of OH records in two parts. The medical component of the records does not need to be transferred if your are continuing to provide the Trust OH service. I think it is inappropriate for the specific purposes of hepatitis B immunisation - the nurse from the external provider undertaking the assessment prior to vaccination should base their assessment on the declaration from the individual at that time and not rely on the medical file. You should be able to defend your corner very strongly for this issue. The second part relates to the immunisation record. Parts of this may not be medically confidential and may be shared with a lower degree of consent. This is because immunisation against hepatitis B may be COSHH related rather than related to the employee's health or medical care per se. Subject to local information governance requirements, you may be able to transfer the hepatitis B record to an external provider if you (and your information governance specialists) are confident that each employee has been informed of the desire to transfer the records and has had the opportunity to consent - implicit consent by failure to opt-out within a reasonable period may be acceptable in these narrow circumstances although I admit I do not have a legal basis to back this up. We have come across similar issues where we have taken on a contract from another provider and we have had to transfer some or all of the OH record. For your particular case, I personally would be happy if the Trust was investing money in improving the immunisation status for healthcare workers at risk of transmissible infection. I would be disappointed however if the only vaccine preventable infection they were considering was hepatitis B and it may be beneficial to suggest that other infections are considered ie measles, varicella, TB and rubella. Good luck Paul ________________________________ From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of sue harrison-stone Sent: 23 June 2009 00:23 To: [log in to unmask] Subject: Re: [OCC-HEALTH] OH medical notes Dear All Yet another plea for advice re the care off medical notes. Our HR Director decided off her own bat to outsource bringing our Trust up to date re Hep B. She has arranged everything without referring to OH. I have been away for 5wks and in that time she has arranged via email for managers to gather staff vaccine history on a form that she attached to her email and each member of staff to return that info to her and her PA. In that email she said that if any member of staff objected to their medical notes being passed out of my custody then they were to let her know. She says that as she has not heard from anyone the staff have given implied consent for their files to be handed over to the external provider. I have been told by the RCN not to release the files. HR director is saying that the files belong to the Trust as they own the paper etc. She accused me of being pedantic when I said that the Trust does not own the information contained within the file. I have no idea if every person having the vaccine has received a copy of the letter sent to the manager saying they need to contact HR if they dont want their file to be removed from my care. I do not feel happy at assuming they did nor do I have anything in writing saying they are happy for this to happen. The OH consultant has said that the Trust should write to every employee telling them that an external provider will be doing Hep B. Then for that provider to write to the employee direct asking for them to consent to supplying their vaccine histroy so an appt can be offered to them for any up dating. The HR director says that the notes have to be released so that the provider can check the history to make sure there are not any contraindications for giving Hep B. I am quite sure that if the staff realised that it was not their own OH section doing the vaccines they would be unhappy at their files being released, we all have some files full of really sensitive information. It is something I have always said would never happen without their written informed consent So please has anyone taken implied consent as consent. Have you released files without seeing a form of consent. As I am the gate keeper/custodian for the files can I accept that the director can instruct me to release them based on her email to line managers. Does that request for consent have to come from the custodian or can HR do that? She says that the NMC would be perfectly happy with what she has done but surely the DP Act and Access to Medical Records apply? She is getting angry with me but till I am certain that what she has done and said is correct I am really uneasy. Any advice will be gratefully received. Regards Sue ________________________________ Date: Mon, 22 Jun 2009 21:36:20 +0100 From: [log in to unmask] Subject: Re: [OCC-HEALTH] HAVE training To: [log in to unmask] The university of Birmingham run an excellent course Anne On 22/6/09 21:06, "PAMMSIE WAMMSIE" <[log in to unmask]> wrote: Hi Does anyone know were there are courses running for HAVS screening ? Also, any good study days looming relating to Occ Health. Thanks in anticipation Regards Pam ~~~~~~~~~~~~~~~ Please remove this footer before replying. 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