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Medical Directorate ACCESS TO ELECTRONIC CARE RECORDS (eCR) FOR NON TRUST RESEARCHERS WHEN A PATIENT HAS CONSENTED TO A RESEARCH PROJECT STANDARD OPERATING PROCEDURE NO SOP 14 DATE RATIFIED 31st July 2015 NEXT REVIEW DATE 31st July 2017 POLICY STATEMENT/KEY OBJECTIVES: This document outlines the procedure for a non-Trust researcher when they need access to electronic patient notes POLICY AUTHOR: Andrew Pennington, Associate Director or Research and Development, Charlotte Bee; Research Operations Manager and Beverley Lowe; Research Senior Officer 1 31/07/2015 FINAL v7.0 Medical Directorate BACKGROUND Health records are important in modern healthcare. They have two main functions: Primary function The primary function of healthcare records is to record important clinical information, which may need to be accessed by the healthcare professionals involved in a person’s care. Information contained in health records includes: the treatments that person has received, whether that person has any allergies, whether the person is currently taking medication, whether the person has previously had any adverse reactions to certain medications, whether the person has any chronic (long-lasting) health conditions, such as diabetes or asthma, the results of any health tests the person may have had, such as blood pressure tests, any lifestyle information that may be clinically relevant, such as whether a person smokes, and personal information, such as age and address Secondary function of health records Health records can be used to improve public health and the services provided by the NHS, such as treatments for cancer or diabetes. Health records can also be used: to determine how well a particular hospital or specialist unit is performing, to track the spread of, or risk factors for, a particular disease (epidemiology), and in clinical research, to determine whether certain treatments are more effective than others. 2 31/07/2015 FINAL v7.0 Medical Directorate Types of health record Health records take many forms and can be on paper or electronic. Different types of health record include: consultation notes, which the GP takes during an appointment, hospital admission records, including the reason why a person was admitted to hospital, the treatment a person will receive and any other relevant clinical and personal information, hospital discharge records, which will include the results of treatment and whether any follow-up appointments or care are required, test results, X-rays, photographs, and image slides, such as those produced by a magnetic resonance imaging (MRI) or computerised tomography (CT) scanner Confidentiality of health records There are strict laws and regulations to ensure that health records are kept confidential and can only be accessed by health professionals directly involved in your care. There are a number of different laws that relate to health records. The two most important laws are: Data Protection Act (1998) Human Rights Act (1998) Computer Misuse Act (1990) Under the terms of the Data Protection Act (1998), organisations such as the NHS must ensure that any personal information it gathers in the course of its work includes: only used for the stated purpose of gathering the information (which in this case would be to ensure that you receive a good standard of healthcare), and kept secure It is an offence to breach the Data Protection Act (1998) and doing so can result in a monetary penalty. 3 31/07/2015 FINAL v7.0 Medical Directorate The Human Rights Act (1998) also states that everyone has the right to have their private life respected. This includes the right to keep your health records confidential. The Computer Misuse Act covers breaches where personal information is recorded electronically, and can result in criminal proceedings. Important changes to health records The NHS is currently making some important changes to how it will store and use health records over the next few years. In July 2013, the Strategic Systems and Technology Directorate published “Safer Hospitals, Safer Wards: Achieving an integrated digital care record” which sets out the pathway for NHS providers to move from paperbased record-keeping through “paper-light” to paperless systems. It covers all areas of systems development including data standards, product sourcing, skills development for staff and integration across care settings. http://www.nhs.uk/NHSEngland/thenhs/records/healthrecords/Pages/overview .aspx http://www.england.nhs.uk/wp-content/uploads/2013/07/safer-hosp-saferwards.pdf Lancashire Care NHS Foundation Trust has a system named eCR (electronic care record) formally eCPA (electronic care plan approach) which has all the Trusts patient notes. Access to eCR is only for relevant Trust staff, i.e. clinicians who need to access their patients notes as well as some members of the research department who may need to add to notes where a patient is taking part in a research project. This access is not granted to every member of staff and it is prohibited to review patient notes unless part of the direct clinical team for that patient or appropriate authorisation is granted. PURPOSE This SOP is designed to describe procedures for non-Lancashire Care NHS Foundation Trust staff researchers when they need to access patient’s 4 31/07/2015 FINAL v7.0 Medical Directorate medical notes, where a patient has consented for them to do so for a research project, and this is outlined within the ethics application. PROCEDURE Who? This SOP applies to a researcher who is not employed by the Trust, who requires access to eCR. When? A researcher can only access patient notes if the patient has consented for them to do so. There would be a consent form, which had received NHS Ethical Approval and a copy of this consent form would be located in the patients notes, with a blank copy of the consent form stored in the study folder. How? A researcher must request permission to access the electronic patient notes via the Research Department. This must be put in writing, with the following details: a) name of the research project b) reason for requiring access to patient notes and which patient groups c) consent form version number that the patient consented with d) name of the researcher(s) who would like to access the patient notes e) confirmation that the said researcher(s) have a letter of access in place with the Trust f) Number of patients notes they need to review g) Timescale required to review the notes 5 31/07/2015 FINAL v7.0 Medical Directorate Following this request, the Research department would do the following checks: a) confirm that the research project has Trust permission and Ethics approval in place b) confirm that the consent form version number has received Ethics approval c) confirm that the researcher(s) are listed as being part of the research team a. either on the SSI application form or, there CVs are stored in the study folder d) confirm that the researcher(s) have letters of access in place for the study and that these are in date Once the above checks are in place, the Research Department will: 1. Email a letter to the researcher(s) for them to sign to confirm that they will adhere to the conditions listed on the letter, whilst accessing Lancashire Care eCR (see appendix 1) 2. Complete the IT New User Form (located on the Trust Internet page) to set up a temporary IT account for the researcher(s) 3. Once the IT accounts have been set up, contact the researcher(s) and ask them to complete the following: a. Contact the IT Helpdesk on 01772 695316 b. Give them their name c. Ask for a password reset d. Give them a line manager name (Mike Fitzsimmons) e. They will then be given details for the password reset f. They are then able to login LCFT computers and eCR and access the system, using the username: [email protected] and password 4. Ask the researcher(s) to evidence they have completed Information Governance (IG) training (as part of mandatory training if an NHS employee of another Trust, or they have completed IG training with their University employer) by sending a copy of the training certificate 6 31/07/2015 FINAL v7.0 Medical Directorate a. If the researcher cannot evidence they have completed IG training, contact the IG Department ([email protected]) in order to set up Information Governance Training and make the researcher(s) aware exactly what they need to do and once completed to send a copy of the training certificates to the Research department. LCFT IT training will be completed through their LCFT IT account 5. Following receipt of the signed letter (appendix 1), the Research department needs to liaise with the researchers regarding booking them onto eCR Blue training http://lcftintranet/sites/IMTtraining/SitePages/Coursebooking.aspx 6. Once the researcher has completed eCR training the researcher is then to contact the Research department to book a time/date to review the notes or they can liaise with the clinical service where they recruited their participants from to book time/date to review the notes (under supervision) o If taking place in the Research department, the desktop PC will be booked for them and there must be a member of the Research staff available to assist/supervise 7. Once the researcher does not require access to eCR anymore, Research to contact the IT Helpdesk and request the account is deactivated 7 31/07/2015 FINAL v7.0 Medical Directorate OTHER RELATED PROCEDURES, POLICIES, LEGISLATION OR GUIDANCE Information Governance Policy APPENDICES Appendix 1 – Letter template - Access to Lancashire Care Foundation Trust (LCFT) electronic care records for non-LCFT researchers A 8 31/07/2015 FINAL v7.0 Medical Directorate Appendix 1 Lancashire Care NHS Foundation Trust Lantern Centre Vicarage Lane Fulwood Preston PR2 8DW Tel: 01772 773498 [email protected] Insert date Access to Lancashire Care Foundation Trust (LCFT) electronic care records for nonLCFT researchers Non-Trust staff requiring access to LCFT electronic care records for research purposes will be granted access subject to being able to evidence: 1. Which LCFT patient group(s) are relevant to the study 2. That patients whose records will be accessed have a. consented to the study b. consented to their records being used by the researchers 3. That the researchers a. Have completed Information Governance training (with their current NHS/University employer or LCFT) b. Have completed LCFT training in using the electronic care records system c. Comply with all relevant Trust policies and procedures including the Information Governance policy d. Comply with the Department of Health Research Governance Framework and ICH Good Clinical Practice Guidelines as appropriate e. Inform Trust Research Department ([email protected]) when the research data has been collected so that access can be deactivated f. Understand that a breach of any of these assurances, Trust policies or SOP for Access to Electronic Patient Notes will result in immediate withdrawal of access and disciplinary and/or legal action may be taken against you Signed by the researcher: ……………………………………………………………….. Print Name: ………………………………………………………………. Date: ……………………………………………………… 9 31/07/2015 FINAL v7.0