Legal Aspects of Computer Use
in Health Care

Module M09c

About this document | Audience and Objectives

If you work now, or if you might work in the future, with computers or computerized equipment in any medical setting, you have a responsibility to be aware of your legal obligations.
The organization you work for may or may not be aware of these responsibilities. In order to protect yourself from potential lawsuits you need to know the law and act with care.
Note: This information is general and introductory in nature. It is not intended to represent a full course in medical or computer law, and should be used only as a starting point. For specific information, consult an attorney or other legal specialist.

In what areas does the law impinge upon computer use
in a health-care setting?

Patient privacy

Proper use of equipment

Software copyright

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Patient Privacy

Patient information should be kept private from everyone who does not need to know in order to help the patient.

Who needs to know?

In general: people who provide medical services for the patient, or administer patient records (including billing). For example:

Physicians working with the patient
Other nursing staff members on the patient's unit
Radiography staff working with the patient
Therapists working with the patient
Dieticians arrangeing for the patient's food
Hospital administration

Who does NOT need to know?

In general: people who do not provide medical services for the patient or administer patient records. For example:

Staff on other wards
Patients
Family members, except at the discretion of the physician
Other hospital personnel
Anyone else, except by court order

Computer privacy precaution

Use of a login/password system: this is universal
Restriction of certain information to specific login IDs - for example, the computer knows what unit a nurse works on, and only lets that nurse see records for patients on that unit
Restricting computers or terminals with data access to staff-only areas

Proper Use of Equipment

Staff are legally required to know how to use equipment

Initial training
Periodic training updates
Reasonable care in operation
Common sense: if you don't know how, ask!

Software Copyright

Software is protected by Federal copyright law:

There are several types of licences
The user is responsible for understanding the license terms

(For details, see Modules A05c, Computer User's Guide to Copyright, and A06c, Software Copyright)

Audience:

The intended audience is anyone who works or may in the future work with computers or computerized equipment in a medical setting.

Objectives

When you successfully complete this lesson, you will demonstrate understanding of...

Generally:

Areas in which the law impinges upon computer use in a health-care setting.

Specifically:

Patient privacy
Responsibilities of health care workers in proper use of equipment
Reference to software copyright, types of licenses, and penalties for abuse (by reference to Modules A05c and A06c)

About this document...

Module M09c: Legal Aspects of Computer Use

Review:

M09cr.txt

Author:: Laurence J. Krieg
Institution:: Department of Computer Information Systems, Washtenaw Community College
Original document: 26 March 1992: Revisions: HTML version 11 Nov 1997; 18 Jan 1999

Legal Aspects of Computer Use in Health Care