Borders Sexual Health Confidentiality Policy Introduction The duty of confidentiality is a cornerstone of patient care. Professional bodies provide guidance on confidentiality and national and local guidance on confidentiality in specific circumstances exists. Patients with problems relating to sexual health may have particular concerns relating to personal information and specific confidentiality legislation applies to GUM clinics. The provision of sexual health care and advice to those under 16 may cause particular concern. This document summarises the principle guidance from all sources to provide information for staff and patients in the Borders. Further detailed information can be obtained from the references. General Medical Confidentiality 1. All information given by patients and clients should be treated as confidential and used only for the purposes for which it was given. It is not practical to discuss every circumstance in which information might be disclosed; however, where information is likely to be shared with other professionals for the purposes of care, the extent of that disclosure should be discussed with the patient. 2. Personal information should not be released to others without a patient’s permission. You must establish with patients their wishes with regard to disclosure to others, including family, friends and partners. 3 If requests for information are made from outside the care team, where the disclosure may have implications for patients or clients, you must obtain their consent. If the patient is unable to give consent, or withholds consent, disclosure may only be made in exceptional circumstances: Where disclosure can be justified in the public interest (usually where disclosure is necessary to protect the patient or another individual from death or serious harm) Where disclosure is ordered by a court of law In such exceptional circumstances, where information is released without the patient’s permission, patients should be informed except where informing the patient is likely to affect the investigation of a crime. 4 Professionals occasionally feel pressured to disclose information to third parties and are unclear regarding the appropriate action. Where there is doubt about the course of action to be taken, the default position should be to withhold information while seeking guidance from senior colleagues and authorities. The only exception to this might be where there is serious and immediate risk of harm (e.g. in some child protection cases or where there is ongoing risk of HIV transmission). Sexual Health Patients with sexual health related problems may have particular concerns relating to the disclosure of information to partners and others. Particular care may be needed in handling confidentiality issues. For example, confirming a patient’s attendance at a clinic may be regarded as harmless in other settings, but may constitute a serious breach of confidentiality in sexual health. 1 General medical confidentiality applies to all sexual health consultations delivered in all settings. No specific legislation or guidance applies to sexual health care provided to adults. Good practice points include: Obtain specific consent to contact the patient in case of a problem, and the preferred means of doing so (eg phone, text, letter) Where care is provided outside general practice, obtain specific consent (usually through a registration form) on whether the patient wishes the GP to be informed of their visit Offer the patient copies of all correspondence sent and provide copies where requested. Do not disclose any information regarding a patients attendance at clinic to a third party, including confirming or denying attendance. Do not use patients or partners names to confirm identity (i.e ‘Could you confirm your name’ rather than ‘Is that John Smith?’) GUM (Genitourinary medicine) Clinic Specific legislation (Venereal Diseases Regulations 1916 and subsequent acts) applies to GUM clinics. Clinics in Scotland work under a Venereal Diseases Act. The main practical aspects of the legislation includes: Patient identity is anonymised through a system of code numbers. All samples and specimens are identified by code number. GPs are not routinely informed of a patient’s attendance. In the Borders, all patients are asked specifically whether they wish their GP informed. Patient records are held within the department and not in the main hospital record. The hospital has no record of the patient’s attendance. Computer records are held separately from the main hospital computer record and can only be accessed by staff from the clinic. Under 16s More than a quarter of young people are sexually active before they reach 16. Concern about confidentiality is the biggest deterrent to seeking advice on contraception and sexual health. The duty of confidentiality owed to a person under 16, in any setting is the same as that owed to any other person. A doctor or other health professional is able to provide contraception, sexual and reproductive health advice and treatment, without parental knowledge or consent, to a young person under 16, provided that: She/he understands the advice and its implications His/her physical or mental health would otherwise be likely to suffer and so provision of advice or treatment is in their best interest. The Sexual Offences Act 2003 does not prevent this: A person is not guilty aiding, abetting or counselling a sexual offence against a child where they are acting for the purpose of: Protecting a child from pregnancy or infection Protecting the physical safety of a child Promoting a child’s emotional well-being by the giving of advice The law and professional guidance are clear that young people, including those under the age of 13, are entitled to confidentiality when accessing sexual health services. The fpa statement on the Bichard enquiry report is useful in this respect. The following, based on the outcome of the Bichard report, is recommended practice in the Borders: Recommended Practice In practice there has been a clear distinction between dealing with a young person aged 13-16 who is technically only a victim having been involved in a consensual relationship, and dealing with one who is the victim of abuse. Where the young person is 13 or under it is strongly recommended that the case be referred to the Police at the Family Protection Unit. The Bichard enquiry recommends that the decision on whether to refer young people aged 13 to 16 should consider the following: The age difference (if any) between the young person and the other individual concerned. The nature of the relationship between the young person and the other individual concerned. Whether the behaviour could be considered age/developmentally appropriate. How “consent” is actually understood by the young person. How often and for how long the activity has been happening. Whether there is any element of aggression involved. Whether there is any element of coercion involved (coercion includes implying that there will be a negative penalty or outcome for the young person if they do not accede to sexual activity). Whether there is any element of intimidation involved. Whether there is any element of enticement involved. Whether the other individual is known to have other sexual partners particularly those that may also be “under age”. Whether the sexual partner is known to any agencies (which presupposes that checks will be made with the police) Whether substances may have been used as a ‘disinhibitor’. Whether the young person denies, accepts or minimises any cause for concern. Whether any aspect of the relationship might be consistent with ‘grooming’. Assessing whether a young person can be provided with confidential services and treatment without parental consent can be further assisted by the use of the Fraser Guidelines: A professional would be justified in giving treatment without parental knowledge, provided the professional is satisfied that: The young person understands the advice given The young person cannot be persuaded to involve parents/carers or allow the medical practitioner to do o on their behalf It is likely that the young person will begin to or continue to have sex with or without treatment or contraception. Without treament the young persons physical or mental health is likely to suffer The young person’s best interest requires contraceptive advice, treatment or supplies without parental consent The young person can demonstrate that he/she is competent to give consent, and The young person’s decicion is made freely and without pressure Information given to young people under 16 should include: The fact that their confidentiality will be respected unless they or someone else is at risk of death or serious harm. Details of how information is kept in the service. The circumstances under which information will be passed to the child protection team and how this might be used. Who the information might be shared with and under what circumstances. How information might be shared within and outside the team. How to make a complaint if they feel their confidentiality has been breached. Where to get further advice (locally, through the Caldicott Guardian, or through the Scottish Child Law Centre on 0131 667 6333) References: General Medical Council. Confidentiality: Protecting and providing information. http://www.gmc-uk.org/standards/confidentiality.htm Nursing and Midwifery Council. Advice on Confidentiality. http://www.nmcuk.org/nmc/main/advice/confidentiality2.html Royal College of General Practitioners. Confidentiality. November 2000 Department of Health. Best Practice Guidance for Doctors and other Health Professionals on the Provision of Advice and Treatment to Young People Under 16 on Contraception, Sexual and Reproductive Health. Gateway reference number 3382, 29th July 2004. Sandyford Initiative, Glasgow. Confidentiality Policy. Sandyford Initiative, Glasgow. Supporting Sexually Active Young People NHS Borders:Guidance for NHS Borders Health Staff: Children / Young People engaged in underage sexual activity Borders Sexual Health UNDER 16? Confidentiality Policy If you are under 16, you may be concerned about talking to the doctor or nurse about sex, contraception or sexually transmitted diseases. This is our policy on confidentiality: Doctors and other health professionals have a duty of care and a duty of confidentiality to all patients, including under 16s. Everybody in this clinic, including all the doctors, nurses, receptionists and secretaries has the same strict responsibility to respect confidentiality. This means we treat anything you tell us in confidence. We take this responsibility very seriously. Everybody in this clinic respects the choices young people make about their lives, including their sex lives. We don’t routinely tell social workers, police, parents, your doctor or anyone else, just because someone is having sex under the age of 16. We do have a responsibility to protect young people from harm – such as physical or sexual abuse. This means that we occasionally have to discuss a young persons care with other professionals, such as the nurse and social workers at the Family Protection Unit. The family protection unit is a special team that work to stop young people being abused or harmed. We might do this if we think that you (or someone else – say a brother or sister) are in danger of coming to harm, for example: Someone is forcing you to have sex against your will Someone is hurting or harming you in another way Someone is taking advantage of their position (such as a youth worker or relative) to have sex with you. The younger a person is, the more likely it is that we might be concerned. If the doctors or nurses at this clinic think that a young person might be in danger, we will discuss what we plan to do with you. We will always inform you before discussing anything about you with another professional. If you want to know more about confidentiality, you can ask the nurse or doctor before you discuss your problems. You can ask to read our confidentiality policy You can phone the Childrens Law Centre on 0131 667 6333