The Aromatherapists Society

SECTION 3 ; PATIENT RECORDS AND CONFIDENTIALITY

3.1 Confidentiality – the general rule

Subject to the exceptions mentioned below aromatherapists shall not disclose to a third party any information about a client/patient, including the identity of the client/patient, either during or after the lifetime of the client/patient, without the consent of client/patient or the clients/patient’s legal representative. Aromatherapists are responsible for taking all reasonable steps to ensure that any employee or agent adheres to this general principle and that any information relating to a client/patient is protected from improper use when it is received, stored, transmitted or disposed of. If in doubt an aromatherapist should take legal advice on the question of disclosure of information. Failure to observe confidentiality may be regarded as unacceptable professional conduct.

3.2  Exceptions to the general rule of confidentiality

3.2.1 The exceptions to the general rule of confidentiality are that an aromatherapist may disclose to a third party information relating to a client/patient

*If the aromatherapist believes it to be in the clients/patient’s interest to disclose information to another health professional;

*If the aromatherapist believes that disclosure to someone other than another health professional is essential for the sake of the clients/patient’s health:

*If disclosure is required by statute;

*If the aromatherapist is directed to disclose the information by any official having a legal power to order disclosure; or

*If upon seeking the advice of the Statutory or Regulatory body, the aromatherapist is advised that disclosure should be made in the public interest.

3.2.2 In each case where disclosure is made by an aromatherapist in accordance with an exception to the general rule of confidentiality, the aromatherapist shall:

*Inform the client/patient before disclosure takes place;

*So far as is reasonably practicable make clear to the client/patient the extent of the information to be disclosed, the reason for the disclosure, and the likely consequence of disclosure, where to do so is appropriate;

*Disclose only such information as is relevant; ensure so far as possible that the person to whom disclosure is made undertakes to hold the information on the same terms as those to which the aromatherapist is subject; and,

*Record in writing the reasons for such disclosure.

3.3 Ownership of and responsibility for records as between aromatherapists

3.3.1 Where aromatherapists work together, in any capacity, in the same practice or premises, they are advised to enter into a specific agreement as to the ownership of, and hence the responsibility for, the records of clients/patients whom they treat in that practice or those premises.

3.3.2 In the absence of an legal rule or such specific agreement as is mentioned in 3.3.1 to the contrary, clients/patients’ records (including any case history, treatment chart, reports, correspondence, and other records of a similar nature) shall be deemed for the purposes of the provisions of the Code to be the property and responsibility of the aromatherapist or aromatherapists (if any) to whom the practice belongs.

3.3.3 Aromatherapists who are deemed to own and have responsibility for clients/patient’s records (see 3.3.2) are also responsible for ensuring that clients/patients have the written confirmation as required by Section 2.4. Records must be returned to the client/patient where practicable or destroyed in accordance with section 3.5.

3.4.1. Aromatherapists shall ensure that when ceasing to practice as an aromatherapist or on the closure of a practice that the clients/patients records are returned to the client/patient (where practicable) or destroyed in accordance with section 3.5.

3.5Disposal 3.4.Retention of records

Client/patient records (as defined in 3.3.2 above) provide valuable information.Such records shall be retained in safe custody by the aromatherapist to whom they belong for a period of two years from the date of the last treatment.

In view of the confidentiality to be observed with regard to clients/patients’ records, records must be disposed of securely, usually by incineration or shredding.

3.6 Access to records by clients/patients

If so requested by a client/patient in writing, an aromatherapist shall make available to the client/patient without delay copies of any records, in accordance with any legislative provisions relating to data protection or access to health reports or records. Where an aromatherapist releases original records to a client/patient for purposes other than their transmission to another health professional, the aromatherapist is advised to obtain from the client/patient an undertaking for their return.