Introduction

The purpose of this document is to outline how Beneath the Palms Midwifery (BTPM) complies with
confidentiality and privacy obligations. As a directory, BTPM’s principal concern is and always will be
the health of clients who visit our practice. A high level of trust and confidentiality is required to ensure
the confidence of the clients we serve.

Clients will be assured that:

• Their privacy will be protected when visiting one of the midwives or when the midwife is at
  your home,
• The information collected and retained in our records is correct and up-to-date
• That they can access their information for review.

Health Information

BTPM recognises that the information we collect is often of a highly sensitive nature and we have
adopted the highest privacy compliance standards relevant to BTPM to ensure personal information is
protected.

For administrative and billing purposes, and to enable the patients to be attended to by BTPM, client
information is shared with other health providers involved in your care. BTPM and the midwives may
collect personal information regarding clients (including health information) for the purpose of providing midwifery services and treatment.

Personal information collected will generally include:

• The client’s name, address, telephone number and Medicare number,
• Current drugs or treatments used by the client,
• Previous/current obstetric, medical history, including, where clinically relevant, a family medical
  history, and
• The name of any health service provider or medical specialist to whom the client is referred,
  copies of any letters of referrals and copies of any reports back.

BTPM may access information:

• Provided directly by the client,
• Provided on the client’s behalf with the client’s consent,
• From a health service provider who refers the client to BTPM, to provide midwifery services
  and treatment.

Use or disclosure of personal information

‍Personal information collected by Beneath the Palms Midwifery may be used or disclosed:

• For the purpose advised to the client at the time of collection of the information,
• As required for delivery of the health service to the client,
• As required for the ordinary operation of our services (i.e. referral of the client to a GP or
  Obstetrician or other health service provider),
• As required under compulsion of law, or
• Where there is a serious and imminent threat to an individual’s life, health, or safety; or a
  serious threat to public health or public safety.
• BTPM may use or disclose personal information for quality assurance, training, billing, liaising
  with government offices regarding Medicare entitlements and payments and as may be
  required by the BTPM insurers.

Accuracy of your information

BTPM is committed to ensuring your information is accurate and has processes in place to ensure that
the accuracy of this information is maintained. If you believe that the personal information the BTPM
holds about you is inaccurate, please inform BTPM midwife by email or phone or at your next
consultation.

Security of information collected

Other than as described in this Policy or permitted under privacy principles, BTPM uses its reasonable
endeavours to ensure that identifying health information is not disclosed to any person unnecessarily or
irresponsibly.

Due to the sensitive nature of the information collected by the BTPM to provide its services, extra
precautions are taken to ensure the security of that information. Information will be stored electronically
and in hard copy form if required. All electronically stored files are password-protected on several
levels, with the software having the highest rating for security and privacy.

Confidentiality

Client confidentiality is a high priority and taken very seriously at BTPM. Midwives have ethical and
legal obligations to protect the privacy of women. Women have a right to expect that midwives will
hold information about them in confidence, unless the release of information is needed by law, legally
justifiable under public interest considerations or is required to facilitate emergency care.

To protect privacy and confidentiality, BTPM:

1. Respect the confidentiality and privacy of the woman by seeking informed consent before
   disclosing information, including formally documenting such consent where possible
2. Provide surroundings to enable private and confidential consultations and discussions
3. Abide by the NMBA Social media policy and relevant Standards for practice
4. Access records only when professionally involved in the care of the woman, and authorised to
   do so
5. Not transmit, share, reproduce or post any woman’s information or images even if the woman
   is not directly named or identified, without having first gained written and informed consent.
6. Recognise the woman’s right to access information contained in her health records, facilitate
   that access and promptly facilitate the transfer of health information when requested by the
   woman in accordance with local policy, and
7. When closing or relocating a practice, facilitating arrangements for the transfer or management
   of all health records in accordance with the legislation governing privacy and health records.

How long are medical records kept?

BTPM keeps health information for a minimum of 7 years from the date of last entry in the client’s
records. However, the baby’s record must be kept until the baby attains or would have attained 25
years of age.

Accessing your information

On request, you may have access to your maternity health record held by BTPM, except in
circumstances where access may be denied under the ‘Privacy Act’ or other laws. For example,
access can be denied when letting a client see their records would pose a serious threat to the client’s
life or health, or the life or health of someone else (such as a relative, the health service provider, staff
or other patients).

The threat must be significant, for example where there is a serious risk the patient may cause self-
harm or harm to another person if they saw the information. The threat can be a risk of danger to physical or mental health, but does not need to be imminent – it can be a serious threat that might
occur sometime after access is granted.

Can I transfer my medical records to a new midwife or other health care provider?

Yes, clients have the right to attend a midwife or other health care provider of their choice and are free
to leave a practice and attend another if they wish.

How do I arrange this?

This is usually done by the patient completing a ‘consent for health information’ form and producing an
original source of identification for the midwife to make a copy of. When a client requests that their health records be transferred to another midwife or health care provider outside the BTPM, the midwife has an obligation to provide a copy or summary of the patient health record in a timely manner to facilitate care of the client.

For medico-legal reasons, BTPM, retains the original record and provides the new midwife or other health care provider with a summary or a copy. If a summary of the client’s health record is provided to the new midwife or other health care provider, a copy of the summary should be kept on file for record purposes.

A client can also have a copy of his/her medical records transferred by asking the new midwife to
arrange for the transfer of records from the previous treating health care practitioner. The client will still
have to fill in the appropriate forms.