Whereas Omnimed.com Inc. (hereinafter “Omnimed”) and the healthcare facility (hereinafter “Facility”) where the User works have entered into an agreement to make available applications through which users, including healthcare professionals and administrative staff, have access to identifying and clinical information regarding the healthcare facility’s patients (this information constituting medical records under the law);
The User who is granted the right to use the applications developed by Omnimed pledges to respect the following provisions:
1. Rights of access to Omnimed’s applications are specific to each User and cannot be shared, lent, assigned, rented, or otherwise disposed of or made available to a third party.
2. Users are responsible for maintaining the confidentiality of their access data to Omnimed’s applications, including their user name and password.
3. Users agree to change their password every three (3) months and at anytime on the request of the responsible person designated by the Facility to ensure the security of Omnimed’s applications.
4. Users are responsible for the quality and accuracy of the data they enter in Omnimed’s applications. In addition, they must be aware of the medical use by other Users of all of the identifying and clinical information hosted by Omnimed, and take necessary measures so the information is complete and adequate for medical purposes.
5. Users are responsible for their use of Omnimed’s applications and the information they enter into it.
6. Users must respect all applicable laws and regulations, the code of ethics that applies to them, and the Facility’s instructions as well as those of their employer, if applicable. Furthermore, they must respect the usual rules regarding maintaining medical records (in this regard, the User must consult the Règlement sur les dossiers, les lieux d’exercice et la cessation d’exercice d’un médecin, L.R.Q., c. M-9, a. 3 [Regulation respecting records, places of practice and the cessation of practice by a physician, R.S.Q., c. M-9, s. 3] and the practice guide La rédaction et la tenue des dossiers par le médecin en milieu extrahospitalier [Record keeping by physicians in non-hospital settings] published by the Collège des Médecins du Québec).
7. Users pledge to maintain at all times, even after the end of any agreement binding them to Omnimed, the strictest confidentiality of data they enter in Omnimed’s applications or to which they would have had access through Omnimed’s applications. Furthermore, they acknowledge that they can use Omnimed’s applications only for professional purposes and in a responsible manner.
8. Users must, at all times, ensure that valid consent has been obtained from the patient when Omnimed’s applications ask the User for such consent in order to access information. Users are responsible for maintaining all documents relative to these consent requests and obtained consents.
9. Users who are physicians or other healthcare professionals subject to an ethics code are accountable for actions taken in their name in Omnimed’s applications by other users they mandate for this purpose. This accountability includes controlling the rights of people they mandate to access identifying and clinical information, and to ensure that the confidentiality of this information is respected.
10. Users who are physicians or other healthcare professionals are responsible for answering information requests and requests for access to information coming from patients or third parties, in accordance with applicable ethics rules. In no event will Omnimed be held responsible for providing this information. Any request received by Omnimed will be forwarded to the User who is the treating physician or the principal physician, who pledges to respond to such request without undue delay.
11. In the event where the User’s use of applications developed by Omnimed damage such applications or corrupts the information contained in the databases attached to these applications, Omnimed reserves the right to make necessary repairs and to invoice expenses incurred to the Facility.
12. In the event of the failure to comply with these provisions, the User’s access rights may be withdrawn, without restricting Omnimed’s or the Facility’s right to claim damages from the User.
13. The User confirms having read and understood these provisions.