Professional Wills: Meeting our Obligations

1. Professional Wills:Meeting our Obligations Alan Slusky, Ph.D., C. Psych. Registrar – Psychological Association of Manitoba Nov. 14, 2012

2. Learning Objectives:The 5 Ws • What is a Professional Will? • Why do we need one? • Who needs one? • When should I prepare one? • Where should I keep my Professional Will and what should it contain?

3. What is a Professional Will? • An Instructional Document – a Road Map • Set of instructions to guide those entrusted with managing your client records and practice (Professional Executor) • Not a substitute for a Personal Will – a companion document • Shouldn’t conflict with your Personal Will • Good idea to prepare or review them in tandem

4. Why Do I Need a Professional Will? • It’s Not all About You … • Meeting Ethical Obligations to Clients • I.41 Collect, store, handle, and transfer all private information, whether written or unwritten (e.g., communication during service provision, written records, e-mail or fax communication, computer files, video-tapes), in a way that attends to the needs for privacy and security. This would include having adequate plans for records in circumstances of one’s own serious illness, termination of employment, or death. • Easing Transition to New Provider • Protecting You and Your Estate • Meet your Obligations Under the RHPA • Member's duty to ensure records and specimens not abandoned - 218.3(1)    A member must make arrangements and put plans in place to ensure that the member's health care records or laboratory specimens are not abandoned or at risk of being abandoned.

5. And … • Helping us Meet our Obligations • College or association's duty re abandoned health care records and laboratory specimens • 218.4(1)    When a college or association has reason to believe that a member's health care records or laboratory specimens are abandoned or at risk of being abandoned, the college or association • (a) must ensure that those health care records or specimens are promptly secured and protected in accordance with the regulations, if any; and (b) may • (i) appoint a person who is a member to be a custodian, with his or her consent, or • (ii) apply to the court for a custodian to be appointed under section 218.5.

6. Who Needs a Professional Will? • A Registrant Who Maintains Confidential Client Records for which they are the trustee: • Definitions: 1(1) In PHIA, trustee means a health professional, health care facility, public body, or health services agency that collects or maintains personal health information. • Hospital vs. “Shadow” Records • Test Data • Process Notes • If you are taking anything with you, when you leave the office, you likely need a Professional Will

7. When Should I Prepare a Professional Will • Now • No Time Like The Present • Why Put off Until Tomorrow … • One of those necessary but unpleasant tasks we need to attend to …

8. Where and What … • What Can a Professional Will look like and Where should it be kept? • More than 1 way to do it • Template Available – Today’s handout to be posted to PAM Website Under Practice Resources – has been vetted by PAM Legal Counsel • Aid in identifying issues to consider • Seek Legal advice if uncertain • Keep it With your Important Papers – Give a Copy to Your Executor, Lawyer, PAM • Make clients aware • In General Information or Privacy Policy • Not a Violation of Privacy

9. A Word about your Professional Executor • Someone you respect and trust • Someone with the time to take on this task • Someone who understands the responsibilities • Meet and discuss openly the work required • Discuss remuneration – include in Personal Will • “Walk Through” your office with her/him • Ensure office staff are “in the loop”

10. Next Steps • Registrant Questions and Feedback • Information to the Website • Integration into Regulations • Integration into Code of Conduct • Requirement for Renewal