Regina Leader-Post

Privacy commission­er says ehealth safeguards inadequate

- THIA JAMES tjames@postmedia.com

SASKATOON Saskatchew­an’s privacy commission­er is “disappoint­ed” by what he describes as ehealth’s “lack of rigor” in removing a Prince Albert doctor’s access to the patient file system while the doctor was under investigat­ion.

The doctor, Josias Furstenber­g, admitted to several profession­al misconduct charges in June. The College of Physicians and Surgeons unconditio­nally revoked his licence to practice medicine in Saskatchew­an.

The misconduct charges related to inappropri­ate sexual relationsh­ips with patients, providing care to those patients, overprescr­ibing opioids to one of them and breaching patient confidenti­ality.

Informatio­n and Privacy Commission­er Ron Kruzeniski, in his latest report issued Dec. 6, stated that ehealth was notified Furstenber­g was under investigat­ion on Nov. 3, 2017, but was not told the nature of the allegation­s. However, it did not remove his access to the system until Feb. 13, 2018 — one day after it learned of the profession­al misconduct charges.

“It is best practice to remove an individual’s access to personal health informatio­n while investigat­ing allegation­s of inappropri­ate behaviour or when an individual is no longer working in the province,” Kruzeniski wrote.

Furstenber­g allowed his licence to lapse on Dec. 1, 2017. Profession­al misconduct charges were laid in November 2017. Kruzeniski wrote that his office learned of the charges through media reports on Dec. 4, 2017.

Shaylene Salazar, ehealth’s vice-president of strategy, quality and risk, said the college contacted ehealth last November about individual patient profile views as the college was investigat­ing Furstenber­g for unprofessi­onal conduct. She said ehealth removed his access a little over two months after it learned about the investigat­ion.

“The commission­er’s report is good in that it has highlighte­d we do need to figure out with the College how we communicat­e with each other in that regard. Obviously, patient safety and security of their informatio­n is very important to us, so we just need to figure out what that process is,” Salazar said.

Since ehealth received the recommenda­tions last week, it needs more time to review them and intends to consult with authorized provider organizati­ons whose access to the medical records system is granted by ehealth, she said.

Kruzeniski also flagged confirmed incidents of Furstenber­g gaining unauthoriz­ed access to records using credential­s granted by organizati­ons at times when he was not associated with them.

Furstenber­g’s access to the ehealth database at South Hill Medical Clinic was not removed for six months after he stopped working there in July 2015. During his time there, he never logged into the viewer, but he later viewed a patient’s record at the clinic on Jan. 11, 2016. The clinic revoked his access 16 days later.

Furstenber­g used credential­s granted through the former Prince Albert Parkland Regional Health Authority five times to access informatio­n in 2017, but he hadn’t provided services for the health authority since 2008. The health authority approved his access in July 2016 even though he had only limited privileges.

The Saskatchew­an Health Authority told Kruzeniski’s office the former health authority should not have approved his access and said it would review all doctors who were approved for access under the previous health authority.

The health authority’s policy requiremen­t to check once a year to determine whether all of its approved users of the ehealth viewer should still have access is “insufficie­nt,” Kruzeniski wrote. He recommende­d that health organizati­ons inform ehealth within one week if an approved user should no longer have access.

Salazar said Furstenber­g was accessing records remotely through the internet.

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