The ownership of patient records continues to pose significant concerns for registrants who share access in a multi-registrant clinic, particularly in situations like the sudden loss of a colleague due to illness, relocation or death. Registrants in such settings must have a formal, signed contract in place, agreed upon by all individuals who contribute to the patient records.
A data-sharing agreement is crucial for registrants working in environments where they share medical records as it can clarify ownership, access, and confidentiality parameters. The Medical Records Management standard requires all registrants who make entries into patient records to sign a formal contract that outlines custody and access, particularly when the registrant does not own the clinic or the EMR licence.
CPSBC continues to hear from registrants who lack a data-sharing agreement and face challenges, especially when one in the group leaves. When this happens, CPSBC has little authority to intervene, and registrants must seek legal advice to resolve any disagreements while ensuring patient access to medical records is uninterrupted.
When joining a new practice, registrants should include data-sharing agreements in their list of questions. If no agreement exists, they should develop one before problems arise. The Divisions of Family Practice (Family Practice Services Committee) provide sample contractual terms on their website: Medical Records – Issues and Guidelines. The CMPA also offers valuable resources, including their Electronic Records Handbook and the article, Who has custody of medical records, and who can they be shared with?