Jurisprudence Handbook

Article Index

 Ethical Principles

Ethical principles are also addressed in legislation. Below is ethical principles and respective legislation. 

Duty to Report

  • Section 29 (2) of the Dietitians Act (2009) states:  “Every person, other than a client, who employs a person in the practice of dietetics and every agency or registry that procures employment for a person in the practice of dietetics shall…where the person's employment is terminated or the person resigns because of allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity, report the matter to the Registrar forthwith and provide a copy of the report to the person whose employment is terminated.”
  • The Health Protection Act addresses mandatory reporting of adult abuse, physical, emotional, or sexual abuse, or neglect of an adult; an adult living in dangerous circumstances and unable to protect themself.
  • The Adult Protection Act (section 16) provides a means whereby adults who lack the ability to care and fend adequately for themselves can be protected from abuse and neglect by providing them with access to services which will enhance their ability to care and fend for themselves or which will protect them from abuse or neglect.
  • The Children and Family Services Act (sections 23, 24 and 25) protects children from harm. It includes mandatory reporting of child abuse, emotional or sexual abuse, or neglect of a child.
  • Under the Protection for Persons in Care Act (section 5), healthcare providers are responsible for protecting vulnerable clients and reporting any concerns they may have concerning the treatment of a client.

Confidentiality and Privacy

  • The Personal Health Information Act (PHIA) governs how personal health information may be collected, used, disclosed and retained within the health care system in Nova Scotia. It provides a framework that strikes a balance between the protection of personal health information and the collection, use and disclosure of personal health information within (by) the healthcare sector to deliver and improve healthcare services. 
  • TheFreedom of Information and Protection of Privacy Act (FOIPOP) focuses on public bodies being fully accountable to the public while protecting the privacy of individuals. It sets out mandatory requirements relating to personal information held by public bodies. It requires that public bodies protect the confidentiality of personal information and the privacy of the individual subject of that information. 

Consent

  • The Personal Directives Act (section 18), states: Healthcare providers must seek and receive informed consent from the appropriate person and consult with the appropriate decision-maker when developing care plans.