Uncertainty over West Shore technician's fate

WEST Shore Private Hospital on Monday deferred all questions about an investigation into a Facebook post allegedly made by a technician after the Prime Minister was warded there, to the technician's employer.

While the investigation is ongoing, it is uncertain what penalty the technician could face if he is deemed to have breached patient confidentiality. This could range from censure or reprimand to possible suspension.

In a statement on Sunday, the hospital said it was made aware of the post "made allegedly by a cardiac technologist identified as an employee of Cardiovascular Associates Ltd (CVA) and a part-time independent contractor for ACI (Advanced Cardiovascular Institute)."

Pending a full investigation by the hospital, ACI and CVA, the statement said, "The technician will not be asked to provide any services at West Shore or for ACI. Our three companies are governed by a zero-tolerance policy regarding breaches of patient confidentiality.

"All staff members and independent contractors are required to sign agreements to keep patient information in the strictest confidence.West Shore, ACI and CVA have a long and proud track-record of adhering to the highest standards in patient care, inclusive of maintaining absolute patient confidentiality."

Contacted for an update, a West Shore official said, "Please contact his employer, CVA."

Repeated efforts to contact the company were unsuccessful.

Speaking on condition of anonymity, two senior doctors said doctors face severe penalties for breach of patient confidentiality.

The first said, " Doctors alone can be sued for confidentiality, as there is a specific law called the Medical Board Act."

But this doctor added, "Other professions related to medicine are not so specific. No penalties can be done on an ultrasonographer."

A second doctor said," Doctors are governed by the Medical Board (Act). Disciplinary matters are handled by the Council of the Medical Board."

Technicians, this doctor continued, are governed by the Professions Allied to Medicine Act. The second doctor was uncertain how disciplinary matters involving health personnel covered by this legislation are handled.

What the law says:

Under Section 24 of the Medical Board Act, a doctor could face censure or reprimand; suspension for a period of two years: his or her name could be erased from the Register, the Medical Specialist Register or his/her temporary licence could be revoked, depending on the offence.

Under the Professions Related to Medicine Act, a council comprising two registered medical practitioners appointed by the Medical Board, three people appointed by the Health Minister and one representative of UWI's Faculty of Medicine, deals with potential offences under the Act

Section 17 of this act gives the council the power to to censure or reprimand the person concerned; order his or her name removed from the register; or suspend him or her from any rights or privileges under the act for up to two years

The medical personnel covered by this act are physiotherapists; radiographers; medical laboratory technicians; nutritionists and dietitians; speech and occupational therapists; and medical/psychiatric social workers.