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Professional Wills: Meeting our Obligations. Alan Slusky, Ph.D., C. Psych. Registrar – Psychological Association of Manitoba Nov. 14, 2012. Learning Objectives: The 5 Ws. What is a Professional Will? Why do we need one? Who needs one? When should I prepare one?
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Professional Wills:Meeting our Obligations Alan Slusky, Ph.D., C. Psych. Registrar – Psychological Association of Manitoba Nov. 14, 2012
Learning Objectives:The 5 Ws • What is a Professional Will? • Why do we need one? • Who needs one? • When should I prepare one? • Where should I keep my Professional Will and what should it contain?
What is a Professional Will? • An Instructional Document – a Road Map • Set of instructions to guide those entrusted with managing your client records and practice (Professional Executor) • Not a substitute for a Personal Will – a companion document • Shouldn’t conflict with your Personal Will • Good idea to prepare or review them in tandem
Why Do I Need a Professional Will? • It’s Not all About You … • Meeting Ethical Obligations to Clients • I.41 Collect, store, handle, and transfer all private information, whether written or unwritten (e.g., communication during service provision, written records, e-mail or fax communication, computer files, video-tapes), in a way that attends to the needs for privacy and security. This would include having adequate plans for records in circumstances of one’s own serious illness, termination of employment, or death. • Easing Transition to New Provider • Protecting You and Your Estate • Meet your Obligations Under the RHPA • Member's duty to ensure records and specimens not abandoned - 218.3(1) A member must make arrangements and put plans in place to ensure that the member's health care records or laboratory specimens are not abandoned or at risk of being abandoned.
And … • Helping us Meet our Obligations • College or association's duty re abandoned health care records and laboratory specimens • 218.4(1) When a college or association has reason to believe that a member's health care records or laboratory specimens are abandoned or at risk of being abandoned, the college or association • (a) must ensure that those health care records or specimens are promptly secured and protected in accordance with the regulations, if any; and (b) may • (i) appoint a person who is a member to be a custodian, with his or her consent, or • (ii) apply to the court for a custodian to be appointed under section 218.5.
Who Needs a Professional Will? • A Registrant Who Maintains Confidential Client Records for which they are the trustee: • Definitions: 1(1) In PHIA, trustee means a health professional, health care facility, public body, or health services agency that collects or maintains personal health information. • Hospital vs. “Shadow” Records • Test Data • Process Notes • If you are taking anything with you, when you leave the office, you likely need a Professional Will
When Should I Prepare a Professional Will • Now • No Time Like The Present • Why Put off Until Tomorrow … • One of those necessary but unpleasant tasks we need to attend to …
Where and What … • What Can a Professional Will look like and Where should it be kept? • More than 1 way to do it • Template Available – Today’s handout to be posted to PAM Website Under Practice Resources – has been vetted by PAM Legal Counsel • Aid in identifying issues to consider • Seek Legal advice if uncertain • Keep it With your Important Papers – Give a Copy to Your Executor, Lawyer, PAM • Make clients aware • In General Information or Privacy Policy • Not a Violation of Privacy
A Word about your Professional Executor • Someone you respect and trust • Someone with the time to take on this task • Someone who understands the responsibilities • Meet and discuss openly the work required • Discuss remuneration – include in Personal Will • “Walk Through” your office with her/him • Ensure office staff are “in the loop”
Next Steps • Registrant Questions and Feedback • Information to the Website • Integration into Regulations • Integration into Code of Conduct • Requirement for Renewal