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CHAPLAINCY-SPIRITUALITY-HEALTH  June 2018

CHAPLAINCY-SPIRITUALITY-HEALTH June 2018

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Subject:

Re: Pateint Records

From:

"OATES, Michael (DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST)" <[log in to unmask]>

Reply-To:

A network for chaplains, educationalists and researchers

Date:

Tue, 5 Jun 2018 08:24:04 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

Thank you mark - very helpful 
 
Best wishes 
 
mike 
 
-----Original Message----- 
From: A network for chaplains, educationalists and researchers [mailto:[log in to unmask]] On Behalf Of Mark Stobert 
Sent: 04 June 2018 23:08 
To: [log in to unmask] 
Subject: Re: Pateint Records 
 
I thought that it would be helpful to give some of the background to the issue. 
 
The problem has been intractable from the original interpretation of the Data Protection Act by the then Data Commissioner.  It was wrongly assumed that chaplains were not employed by NHS but came in from local faith communities and were not healthcare professionals alongside other AHPs.  It meant that we have to have explicit consent to be able to receive personal and sensitive information.  As I understand it this still stands. 
 
This even includes what religion someone self declares as.  It also means that participating in MDTs and consultations should require explicit consent for us to be told patient information.  Trusts get around this by deeming it important for us to be involved in their holistic care and receive information on a need to know basis. 
 
Not only can a trust be liable for breaching the act and be prosecuted, knowingly receiving information without explicit consent also opens us up to being personally prosecuted. 
 
As some have pointed out, not having access to the records makes assessing levels of safety in visiting patients outside the hospital setting very difficult and may make us vulnerable, it is also of concern when reporting instances of safeguarding issues. 
 
The issues was revisited in the writing of the 2015 guidelines, but NHS England Information Governance was adamant that chaplains needed to comply with the commissioners interpretation. 
 
My understanding is that as it is an interpretation, it therefore is a president in law and would need an act of parliament to be challenged. (ie its not going to happen). 
 
That it has been an issue for all this time makes me feel like the circle cannot be squared and chaplains have to develop their practice around it.  Some years ago I explored ways round it with the Information Managers Professional body because it was and still does cause them headaches.  That trusts take different approaches suggests that there is no one answer.  This will depend upon how risk averse your trust is.  Some trusts have decided that the risks of non-compliance is far outweighed by the  benefit of chaplains receiving necessary information. 
 
UKBHC will continue to push for better access.  As Paul Nash states, registration and Accredited Register Status with PSA is a major gamechanger which we intend to exploit to the best of our ability. 
 
Regards Mark Stobert 
 
 
-----Original Message----- 
From: A network for chaplains, educationalists and researchers <[log in to unmask]> On Behalf Of Margaret Whipp 
Sent: 04 June 2018 19:25 
To: [log in to unmask] 
Subject: Re: Pateint Records 
 
Hello Mike 
 
I work in the Oxford University Hospitals where Fiona Caldicott is Chair of the Trust. We have full access to notes, and have developed an excellent electronic interface with the PAS system to inform our own chaplaincy database so as to track patients being readmitted etc. We have access, where appropriate, to paper and electronic patient records, using this facility where most clinically and pastorally relevant to our model of embedded working in multi-disciplinary teams. We restrict direct access to records to salaried and honorary chaplains who are thoroughly trained in information governance. Volunteers read limited lists prepared by staff chaplains. 
 
Ours is an acute Trust. 
 
In our Trust there is a clear understanding that it would be a failure of information governance to prevent access to information which is necessary for excellent multidisciplinary care! 
 
Best wishes 
 
Margaret Whipp 
 
 
-----Original Message----- 
From: A network for chaplains, educationalists and researchers <[log in to unmask]> On Behalf Of Rev Mike Oates 
Sent: 04 June 2018 12:15 
To: [log in to unmask] 
Subject: Pateint Records 
 
My line manager is supporting my access to the patents records system ( RIO) but the Trust gatekeeper for the service is unsupportive. My line manager has suggested collecting comments from other Chaplains as to their experience and the value they have found in being able to access patient notes. To me ( and him ) this is clear but I don't want to write anyone's responses for them ! 
 
I am a Chaplain in a Mental Health Trust 
 
Thanks Mike 
 
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