Consent to the use of virtual care tools

Virtual care consent policy

Date of last update: February 1, 2025

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This policy governs the use of virtual care tools provided by Clinique Omicron. It aims to :

- Protect patients' rights in accordance with the ethical standards of professional orders, including the Collège des médecins du Québec (CMQ), the Ordre des infirmières et infirmiers du Québec (OIIQ), the Ordre des psychologues du Québec (OPQ), the Ordre professionnel des diététistes du Québec (OPDQ), as well as other relevant orders depending on the specialty involved.

- Define the legal responsibilities of Clinique Omicron and healthcare professionals;

- Ensure compliance with applicable laws, including the Act respecting the protection of personal information and the Act respecting health services and social services (LSSSS).

Visit make an appointment for a teleconsultation via our websiteyou automatically consent to this policy. This consent is legally binding.

2. AUTOMATIC ACCEPTANCE OF CONSENT

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2.1. Scope of Consent
By confirming an appointment for a teleconsultation via the Clinique Omicron platform, you :
- Acknowledge having read, understood and accepted the terms of this virtual care consent policy;
- Consent to the collection, use, disclosure and retention of your personal information in accordance with the Act respecting the protection of personal information in the private sector and our privacy policy;
- Please understand that this consent is valid for all future teleconsultations with Clinique Omicron, unless explicitly withdrawn in writing.

2.2 Legally binding nature
- This consent constitutes a legal agreement between you (the patient) and Clinique Omicron, equivalent to a signed written consent.
- Checking the "I accept" box or confirming an appointment via our website constitutes express, free and informed consent.
- In the event of a dispute, proof of your acceptance may be established by electronic confirmation of the appointment.

2.3 Conditions of Validity of Consent
- Consent is deemed valid as long as the patient does not notify its withdrawal in writing to the following address: protectionrenseignements@cliniqueomicron.ca.
- In the event of a significant change in the way virtual care is provided, new consent may be required.

2.4. Limits of Automatic Consent
- This consent does not replace the specific consent required for certain medical procedures, invasive treatments or interventions requiring in-person clinical evaluation.
- The patient retains the right to refuse a teleconsultation at any time and request a face-to-face consultation.

2.5. Disclaimer
By confirming your appointment, you acknowledge that you have been informed of the conditions of teleconsultation, the risks associated with the use of digital technologies, and the limitations associated with the absence of direct physical examination."_

3. RESPONSIBILITIES OF THE OMICRON CLINIC

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3.1 Quality of care
- Providing care in accordance with professional standards: Clinique Omicron is committed to ensuring that all health care professionals, including physicians, nurses, psychologists and other specialists, perform their duties in accordance with the ethical standards of their respective professional orders (CMQ, OIIQ, OPQ, etc.).
- Virtual consultations are conducted in such a way as to guarantee a quality of service equivalent to that of a face-to-face consultation, within the technological and clinical limits inherent in remote care.

3.2. Protection of Personal Information
- Clinique Omicron is responsible for the security, confidentiality and integrity of personal data collected during teleconsultations, in accordance with the Act Respecting the Protection of Personal Information in the Private Sector (Quebec) and the Personal Information Protection and Electronic Documents Act (PIPEDA).
- Rigorous cyber-security measures (data encryption, authentication protocols, access control) are in place to protect sensitive information against unauthorized access, loss or accidental disclosure.

3.3 Transparent information on teleconsultation limitations
- Clinique Omicron undertakes to clearly inform patients of the limitations of virtual consultations, including:
- The absence of a complete physical examination may affect the diagnosis;
- The impossibility of managing certain emergency situations remotely;
- The need, in some cases, to recommend in-person consultation or referral to specialized services.
- Patients are advised that virtual care may not be appropriate for all medical conditions and that it is their responsibility to disclose all relevant information to ensure proper evaluation.

3.4. Responsibility in the event of a medical emergency
- Clinique Omicron specifies that teleconsultation services are not intended for the management of medical emergencies.
- In the event of serious symptoms (chest pain, respiratory distress, signs of stroke, etc.), the patient should immediately contact emergency services (dial 9-1-1) or go to the nearest hospital.

3.5. Limitation of liability clause
The Clinique Omicron cannot be held responsible for the medical consequences of virtual consultations when the limitations inherent in this mode of service have been clearly communicated to the patient.

4. LIMITATIONS OF LIABILITY

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Clinique Omicron has established these limitations of liability in order to clearly define the obligations of the clinic and patients in the context of teleconsultations. These limitations are intended to protect the clinic while informing the patient of the risks inherent in the use of virtual health services.

4.1. Limitations Related to Information Provided by the Patient
- Responsibility for information provided: Clinique Omicron cannot be held responsible for medical decisions made on the basis of incomplete, inaccurate or omitted information provided by the patient.
- Duty of disclosure: The patient is responsible for providing complete, accurate and up-to-date medical information at the time of consultation. Omission of important details can compromise diagnostic accuracy and quality of care.
- Mandatory clause:_ "The patient acknowledges that the accuracy of the diagnosis relies on the truthfulness and completeness of the information he or she provides during the teleconsultation."

4.2. Limitations due to technical constraints
- Technical incidents: Clinique Omicron is not responsible for service interruptions, Internet connection problems, software failures, or any other technical problems related to the patient's equipment or technological environment.
- Impact on quality of care: If consultation is interrupted due to technical difficulties, the clinic will do its utmost to re-establish communication, but cannot guarantee immediate continuity of service.
- Safety clause:_ "Clinique Omicron cannot be held responsible for data loss or service interruptions caused by technological incidents beyond its control."

4.3. Limitations inherent to teleconsultation
- Lack of direct physical examination: Teleconsultation has clinical limitations, including the impossibility of performing a full physical examination when necessary for a precise diagnosis.
- In-person consultation recommendation: In cases where a physical assessment is deemed essential, the healthcare professional will recommend that the patient consult in person.
- Disclaimer:_ "Clinique Omicron declines all responsibility for medical consequences resulting from the absence of in-person medical follow-up when recommended."

4.4. Limitations in the event of a medical emergency
- No management of emergencies: Teleconsultation services are not intended for the management of medical emergencies. In the event of an emergency (severe chest pain, breathing difficulties, signs of stroke, etc.), the patient must immediately contact emergency services (9-1-1) or go to the nearest hospital.
- Limitation clause: "Clinique Omicron cannot be held responsible for any consequences resulting from the inappropriate use of teleconsultation services for situations requiring immediate emergency care."

4.5. Acceptance of Limitations of Liability
Before confirming a teleconsultation appointment, the patient must read and explicitly accept this section.
- Acceptance clause:_ "By confirming my teleconsultation appointment, I acknowledge that I have read, understand and accept Clinique Omicron's limitations of liability, including those related to the information provided, technical limitations and medical constraints inherent in virtual care."

5. SPECIFIC CONSENT BY SPECIALTY

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To ensure legal and ethical compliance of the teleconsultation services offered by Clinique Omicron, specific consent is required for each specialty. This consent ensures that patients are informed of the particularities of each discipline and the applicable regulatory framework.

5.1. General and specialist medicine
- Compliance with the Collège des Médecins du Québec (CMQ) : All remote medical consultations are carried out in accordance with the CMQ's ethical standards, particularly with regard to diagnosis, prescription and remote follow-up.
- Limitations of virtual medical consultations: Patients are informed that certain medical conditions may require in-person examination, physical tests or further investigations.
- Consent clause:_ "I acknowledge that remote medical consultations meet CMQ standards and that, if necessary, in-person follow-up may be recommended."

5.2. Nursing care
- Supervision by the Ordre des Infirmières et Infirmiers du Québec (OIIQ) Remote nursing care is governed by OIIQ guidelines, including clinical assessment, intervention under collective prescription and remote follow-up management.
- Patient responsibilities: The patient undertakes to provide accurate information on his or her state of health, necessary for an appropriate remote assessment.
- Consent clause:_ "I agree that my nursing care will be performed according to OIIQ standards and understand that limitations may exist in the absence of a physical examination."

5.3. Psychology
- Compliance with the standards of the Ordre des Psychologues du Québec (OPQ) Remote psychological interventions comply with OPQ guidelines, ensuring the confidentiality of exchanges and the effectiveness of remote follow-up.
- Risks and limits of remote consultations: Patients are informed of the limits of online psychological consultations, particularly in the event of an acute crisis requiring immediate in-person intervention.
- Consent clause:_ "I consent to receive psychological services remotely in accordance with OPQ standards, understanding the limitations and risks associated with this mode of intervention."

5.4. Nutrition
- Practices governed by the Ordre des Diététistes-Nutritionnistes du Québec (ODNQ) : Our nutrition consultations follow the ODNQ's professional standards, guaranteeing the quality of nutritional advice provided remotely.
- Patient responsibilities: The patient recognizes that the effectiveness of recommendations depends on accurate communication of their medical history, dietary habits, and health goals.
- Consent clause:_ "I consent to receive remote nutritional counseling in compliance with ODNQ standards, with the understanding that these services do not replace specialized medical consultations if necessary."

5.5. Other Health Professions
- Compliance with the guidelines of the respective professional orders : For other healthcare professionals (occupational therapists, physiotherapists, social workers, etc.), services are rendered in compliance with the ethical rules and regulatory frameworks of their respective professional orders.
- Consent clause : "I consent to receive remote services provided by healthcare professionals in accordance with the current standards of their respective professional orders."

5.6. Global Acceptance of Consent
- Acceptance clause:_ "By confirming my appointment, I acknowledge that I have read, understood and accepted the specific conditions of consent applicable to the specialty of the consultation. I understand the limitations and responsibilities associated with virtual care."

6. COMPLAINTS MANAGEMENT

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Clinique Omicron is committed to handling all complaints confidentially, impartially and efficiently, to ensure patient satisfaction and professional standards. Complaints management follows a structured process, enabling every patient to express his or her concerns in complete transparency.

6.1. Filing a complaint with Clinique Omicron

- Form of complaint :
Complaints must be formulated in writingThis includes the reason for the incident, the date of the incident, the professionals involved, and any other relevant information needed to assess the situation.

- Contact details for complaints :
E-mail : plainte@cliniqueomicron.ca
Telephone (for assistance with procedure): 514-606-3350

- Complaints handling process :
1. Acknowledgement of receipt within 5 working days of receipt of complaint.
2. Assessment of the complaint by an internal complaints management committee.
3. Written response to complainant within 20 working days, specifying findings and corrective measures envisaged, if any.

6.2. Complaints to the competent professional bodies

If the complaint concerns the professional conduct of a Clinique Omicron employee, the complainant may also contact the appropriate professional association directly:

- Medicine (CMQ):
Collège des Médecins du Québec - www.cmq.org

- Nursing Care (OIIQ) :
Ordre des Infirmières et Infirmiers du Québec - www.oiiq.org

- Psychology (OPQ) :
Ordre des Psychologues du Québec - www.ordrepsy.qc.ca

- Nutrition (ODNQ):
Ordre des Diététistes-Nutritionnistes du Québec - www.odnq.org

- Other health professions :
The complainant can consult the website of the professional association concerned to find out about the specific procedure.

6.3. Additional right of recourse

In the event of dissatisfaction after the complaint has been handled by Clinique Omicron or the relevant professional association, the patient may also contact :
- The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) if the complaint concerns fundamental rights issues.
- The Commission d'accès à l'information (CAI) if the complaint concerns the protection of personal information.

6.4. Commitment of Clinique Omicron

Clinique Omicron undertakes to :
- Ensure the confidentiality of information exchanged in connection with the complaint.
- Protect patients who make complaints from any form of reprisal.
- Implement corrective actions, where necessary, to improve service quality.

Acceptance clause:_
_"By using the services of Clinique Omicron, I acknowledge that I have been informed of the complaint management procedures and recourses available from the competent professional orders."_

7. MODIFICATION OF THE POLICY

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Clinique Omicron reserves the right to modify this virtual care consent policy at any time, in order to adapt to legislative, regulatory, technological or organizational changes.

7.1. Frequency and Terms of Revision

- The policy may be revised periodically, at least once a year, or more frequently if significant changes occur in the regulatory framework or in the Clinic's practices.
- Occasional modifications may also be made without notice in the event of legal or regulatory emergency.

7.2. Notification of Modifications

- Publication on website: All changes will be clearly indicated on the official website of Clinique Omicron, in the section dedicated to privacy and consent policies.
- Updated revision date: The date of the last update will be displayed at the top of the policy for transparency.
- Direct communication: In the event of substantial changes affecting patients' rights or obligations, specific notification may be sent by e-mail or posted in the clinic's official communications.

7.3. Implicit acceptance of the New Conditions

- Continued use of Clinique Omicron's services after publication of the changes constitutes implicit acceptance of the new conditions by the patient.
- Patients are encouraged to consult this policy regularly to stay informed of any updates.

Acceptance clause:_
_"By continuing to use the services of Clinique Omicron after the publication of changes to this policy, I acknowledge that I have read the changes and I accept them without reservation."_

8. CONTACT DETAILS

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If you have any questions, concerns or complaints about this Virtual Care Consent Policy, the handling of your personal information, or your privacy rights, please contact Clinique Omicron's Privacy Officer :

- Responsible for the protection of personal information :
E-mail : protectionrenseignements@cliniqueomicron.ca

Telephone: 514-606-3350

The Manager is available to respond to your requests for access, rectification, withdrawal of consent, as well as for any question relating to the management of confidentiality incidents.

9. REFERENCE POLICY - HEALTH CORRIDOR

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As part of the virtual care offered by Clinique Omicron, referrals may be made to specialists or partner healthcare establishments via the Health Corridor. The purpose of this policy is to govern the conditions under which such referrals are made, to ensure transparency and patient protection.

9.1. Purpose of the Reference Corridor

The Health Corridor aims to :

- Facilitate rapid access to specialized services when medically required;

- Optimize continuity of care between Clinique Omicron and partner healthcare establishments;

- Reduce waiting times for specialized consultations, diagnostic tests or procedures.

9.2. Reference Process

- Referrals are made only on the recommendation of a Clinique Omicron healthcare professional, when deemed medically necessary.

- The patient receives detailed information on the nature of the referral, the specialist recommended, and the steps to be taken.

- Patient consent is required before any medical information is passed on to third parties as part of the referral process.

9.3. Transmission of Medical Information

- The transmission of medical information required for a referral is carried out securely and confidentially, in accordance with Clinique Omicron's privacy policy.

- The patient expressly authorizes Clinique Omicron to share relevant information with the referring specialist or healthcare facility.

- The clinic is not responsible for the use of this information once it has been transmitted to the referred provider, except in the case of negligence in transmission.

9.4. Limitation of liability

- The liability of the Clinique Omicron is limited to the referral act. The clinic cannot be held responsible:

- Waiting times at the referred service provider;

- The quality of care provided by the referring specialist or facility;

- Medical decisions made by the external healthcare professional.

- The patient is informed that Clinique Omicron does not guarantee an appointment on a specific date, nor the immediate availability of referred specialists.

9.5. Post-Reference follow-up

- After referral, the patient can benefit from medical follow-up by Clinique Omicron, as recommended by the external specialist.

- Feedback from the referring specialist may be shared with the Clinique Omicron professional, with the patient's consent, to ensure continuity of care.

9.6. Patient consent for the Health Corridor

_"By accepting a teleconsultation at Clinique Omicron, I acknowledge that I have been informed of the referral policy via the Health Corridor. I consent to the secure sharing of my medical information with external healthcare professionals when medically necessary."_

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Virtual care consent policy

Date of last update: February 1, 2025

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