Adult Guardianship and Trusteeship Act (AGTA)
The Adult Guardianship and Trusteeship Act (AGTA) provides options and safeguards to protect vulnerable adults who may want assistance or are not able to make all of their own decisions. It provides a range of options from supported decision-making or co-decision-making to full guardianship and trusteeship.
The Office of the Public Guardian recognizes the key role that registered nurses have with individuals who require decision-making support. Under the AGTA, registered nurses may receive three-day intensive training to become designated capacity assessors.
Examples of the ways this legislation impacts members include:
- During emergency decision-making, physicians may obtain a written 2nd opinion from a registered nurse before providing emergency health care to adults.
- Nurse practitioners will also be able to designate a specific decision-maker to make decisions on behalf of an adult who is incapable when timely decisions are required.
Health Information Act (HIA)
The Health Information Act (HIA) deals with complex issues concerning the collection, use, disclosure and protection of health information used in the health-care system. It provides individuals with the right to request access to health records in the custody or control of custodians and covers the actions of affiliates.
All regulated members of CARNA are custodians for the purposes of the HIA unless they are an affiliate of another custodian.
Examples of custodians include:
- Alberta Health Services
- Covenant Health
- Nursing home operators
Registered nurses employed by these organizations are affiliates.
An "affiliate" is:
- an individual employed by a custodian,
- a person who performs a service for a custodian as an appointee, volunteer or student or under a contract or agency relationship with the custodian, and
- a health services provider who is exercising the right to admit and treat patients at a hospital as defined in the Hospitals Act.
Learn more about the Health Information Act and what you should know about Netcare and Privacy Impact Assessments.
RESOURCES FOR RNS AND NPS
- Registrants will become more familiar with the HIA and professional standards for privacy and management of health information (CARNA’s Privacy and Management of Health Information Standards).
- This standard document outlines the responsibilities of regulated members when managing health information and outlines the HIA requirements for custodians and affiliates of health information.
- This document provides information and templates that will assist regulated members as custodians of health information to establish policies and procedures that will facilitate their compliance with section 63 of the HIA and sections 8 and 8.1(1) of the Health Information Regulation (2001)
Outside of CARNA
- The Health Information Act
- A Guide for Registered Nurses, How to gain access to the Alberta Netcare Electronic Health Record
- Alberta Netcare
- CNA fact sheet on Privacy of Personal Health Information
- CNPS Info Law: Confidentiality of Health Information
- Electronic Health Record Regulation
- Health Information Regulation
- Office of the Information and Privacy Commissioner of Alberta
- Guidance for Electronic Health Record Systems (2016)