C.C.S.M. c. P33.5
The Personal Health Information Act
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
1 | (1) | Definitions |
(2) | Reference to "Act" includes regulations | |
2 | Purposes of this Act | |
3 | Application of this Act | |
4 | (1) | Relationship to other Acts |
(2) | Conflict with another Act | |
(3) | Mental Health Act prevails | |
PART 2 | ||
ACCESS TO PERSONAL HEALTH INFORMATION | ||
RIGHT TO EXAMINE AND COPY PERSONAL HEALTH INFORMATION | ||
5 | (1) | Right to examine and copy information |
(2) | How to make a request | |
(3) | Trustee may require written request | |
6 | (1) | Trustee to respond promptly |
(1.1) | Information provided in 24 hours | |
(2) | Duty to assist an individual | |
(3) | Failure to respond | |
7 | (1) | Trustee's response |
(2) | Duty to provide an explanation | |
(3) | Information in electronic form | |
8 | (1) | Transferring a request to another trustee |
(2) | Response within 30 days after transfer | |
9 | Trustee must take precautions about release | |
9.1 | Notice of right to access information | |
10 | Fees | |
REASONS FOR REFUSING ACCESS | ||
11 | (1) | Reasons for refusing access |
(2) | Severance of information | |
CORRECTION OF HEALTH INFORMATION | ||
12 | (1) | Right to request a correction |
(2) | Written request | |
(3) | Trustee's response | |
(4) | When a trustee refuses to make a correction | |
(5) | Notifying others of a correction or statement of disagreement | |
(6) | No fee | |
PART 3 | ||
PROTECTION OF PRIVACY | ||
DIVISION 1 | ||
RESTRICTIONS ON COLLECTION AND RETENTION OF INFORMATION | ||
COLLECTION OF INFORMATION | ||
13 | (1) | Restrictions on collection |
(2) | Limit on amount of information collected | |
14 | (1) | Source of information |
(2) | Exceptions | |
15 | (1) | Notice of collection practices |
(2) | Exception if information already provided | |
ACCURACY OF INFORMATION | ||
16 | Duty to ensure accuracy of information | |
RETENTION AND DESTRUCTION OF INFORMATION | ||
17 | (1) | Retention and destruction policy |
(2) | Compliance with regulations | |
(3) | Method of destruction must protect privacy | |
(4) | Repealed | |
(5) | Application of this section | |
DIVISION 2 | ||
SECURITY SAFEGUARDS | ||
18 | (1) | Duty to adopt security safeguards |
(2) | Specific safeguards | |
(3) | Additional safeguards for information in electronic form | |
19 | Safeguards for sensitive information | |
DIVISION 2.1 | ||
CONSENT RE PERSONAL HEALTH INFORMATION | ||
19.1 | (1) | Elements of consent |
(2) | Knowledgeable consent | |
(3) | Express or implied consent | |
(4) | Exception | |
(5) | Express consent need not be written | |
(6) | Express consent can be relied on | |
(7) | Consent with conditions | |
19.2 | Consent may be withdrawn | |
DIVISION 3 | ||
RESTRICTIONS ON USE AND DISCLOSURE OF INFORMATION | ||
GENERAL DUTIES OF TRUSTEES | ||
20 | (1) | General duty of trustees re use and disclosure |
(2) | Limit on amount of information used or disclosed | |
(3) | Limit on the trustee's employees | |
RESTRICTIONS ON USE OF INFORMATION | ||
21 | Restrictions on use of information | |
RESTRICTIONS ON DISCLOSURE OF INFORMATION | ||
22 | (1) | Individual's consent to disclosure |
(2) | Disclosure without individual's consent | |
(2.1) | Computerized health information network | |
(2.2) | Disclosure by minister to another government | |
(3) | Limit on disclosure | |
23 | (1) | Disclosure to family about patient's health care |
(1.1) | Timely disclosure to family | |
(2) | Disclosure about patient's condition | |
(3) | No disclosure if possible harm | |
23.1 | (1) | Disclosure to religious organization |
(2) | Conditions | |
23.2 | (1) | Disclosure for fundraising |
(2) | Conditions | |
HEALTH RESEARCH | ||
24 | (1) | Disclosure for health research |
(2) | Who may give an approval | |
(3) | Conditions for approval | |
(4) | Agreement required | |
(5) | Limitation for projects requiring direct contact with individuals | |
24.1 | (1) | Disclosure to health research organization |
(2) | Purposes | |
(3) | Protecting individual privacy | |
(4) | Agreement required | |
(5) | Duties of health research organization | |
DIVISION 4 | ||
MISCELLANEOUS REQUIREMENTS | ||
INFORMATION MANAGERS | ||
25 | (1) | Trustee may provide information to an information manager |
(2) | Restrictions on use | |
(3) | Agreement required | |
(4) | Information manager must comply with Act | |
(5) | Information deemed to be maintained by the trustee | |
PHIN | ||
26 | (1) | Production and use of PHIN |
(2) | Exceptions | |
PROHIBITION ON SALE OF INFORMATION | ||
27 | (1) | Prohibition on sale of personal health information |
(2) | Exception for pharmacies | |
PART 4 | ||
POWERS AND DUTIES OF THE OMBUDSMAN | ||
28 | General powers and duties | |
29 | (1) | Evidence Act powers |
(2) | Production of records | |
(3) | Records produced within 14 days | |
(4) | Examination of record on site | |
(5) | Production required despite other laws | |
30 | Right of entry | |
31 | Investigation in private | |
32 | (1) | Statements and reports not admissible in evidence |
(2) | Not compellable as witness | |
33 | Privilege | |
34 | (1) | Ombudsman restricted as to disclosure of information |
(2) | When disclosure permitted | |
(3) | Information about offences | |
(4) | Information relating to a prosecution or appeal | |
35 | Delegation | |
36 | Protection from liability | |
37 | (1) | Annual report |
(2) | Report to be laid before Legislative Assembly | |
(3) | Special report | |
PART 5 | ||
COMPLAINTS | ||
38 | Definitions | |
MAKING A COMPLAINT | ||
39 | (1) | Right to make a complaint about access |
(2) | Right to make a complaint about privacy | |
(3) | Complaint in writing | |
(4) | Ombudsman may initiate a complaint | |
INVESTIGATION | ||
40 | (1) | Investigation |
(2) | Informal resolution | |
41 | (1) | Decision to not deal with a complaint |
(2) | Ombudsman may defer complaint about access | |
(3) | Notifying the complainant | |
42 | Notifying trustee and others of complaint | |
43 | (1) | Representations to the Ombudsman |
(2) | Written or oral representations | |
(3) | Representations by counsel | |
44 | Obtaining opinion of physician or other expert | |
45 | Duty to cooperate | |
46 | Time limit for investigation | |
OMBUDSMAN'S REPORT | ||
47 | (1) | Report |
(2) | Recommendations about access | |
(3) | Recommendations about privacy | |
48 | (1) | Report given to complainant and others |
(2) | Forwarding report to professional regulatory body | |
(3) | Notice of right to appeal | |
(4) | Trustee's response to the report | |
(5) | Notice to the complainant | |
(6) | Compliance with recommendations | |
(7) | Recommendations published | |
REQUEST FOR ADJUDICATOR'S REVIEW | ||
48.1 | (1) | Request for review |
(2) | Nature of request | |
(3) | Deadline | |
48.2 | Notifying others of a request | |
CONDUCT OF REVIEW BY ADJUDICATOR | ||
48.3 | Review by adjudicator | |
48.4 | (1) | Procedures for a review |
(2) | Evidence | |
(3) | Review in private | |
(4) | Powers and protections of adjudicator | |
48.5 | (1) | Right to make representations |
(2) | Procedure | |
(3) | Ombudsman as party | |
48.6 | (1) | Review to be completed within 90 days |
(2) | Extension | |
48.7 | Burden of proof if access denied | |
ADJUDICATOR'S ORDER | ||
48.8 | (1) | Adjudicator's order |
(2) | Order re access | |
(3) | Order re privacy | |
(4) | Order may contain terms or conditions | |
(5) | Order given to parties | |
(6) | Orders published | |
48.9 | (1) | Duty to comply with orders |
(2) | Judicial review | |
(3) | Order stayed if application made for judicial review | |
GENERAL PROVISIONS RE THE ADJUDICATOR | ||
48.10 | Adjudicator to take precautions against disclosing | |
48.11 | (1) | Statements made to adjudicator not admissible in evidence |
(2) | Evidence of proceeding before adjudicator | |
48.12 | Information provided under qualified privilege | |
48.13 | Protection from liability | |
48.14 | (1) | Annual report |
(2) | Tabling report in Assembly | |
APPEAL TO COURT | ||
49 | (1) | Appeal to court for access to record |
(2) | Restrictions on appeal | |
(3) | Appeal within 30 days | |
(4) | Trustee to be named as respondent | |
(5) | Appeal served on trustee and Ombudsman | |
50 | Ombudsman may intervene | |
51 | Expeditious appeal | |
52 | Burden of proof | |
53 | Court may order production of records | |
54 | Court to take precautions against disclosing | |
55 | Powers of court on appeal | |
56 | No further appeal except with leave | |
PART 6 | ||
GENERAL PROVISIONS | ||
57 | Privacy officer for facility and agency | |
58 | (1) | Role for head of public body |
(2) | Delegation by head of public body | |
59 | (1) | Health information privacy committee |
(2) | Public representation | |
(3) | Responsibilities | |
60 | (1) | Exercising rights of another person |
(2) | If person unavailable | |
(3) | Ranking | |
61 | (1) | Information deemed to be maintained by trustees |
(2) | Actions by employees | |
62 | Protection from liability | |
63 | (1) | Offences |
(2) | Offence by employee | |
(3) | Offences by trustees and information managers | |
(4) | Due diligence defence | |
(5) | Continuing offence | |
(6) | Prosecution within two years | |
64 | (1) | Penalty |
(2) | Directors and officers of corporations | |
65 | (1) | Defence under other enactments |
(2) | No adverse employment action | |
66 | (1) | Regulations |
(2) | Application of regulations | |
PART 7 | ||
REVIEW AND COMING INTO FORCE | ||
67 | (1) | Review of Act in five years |
(2) | Tabling of report | |
68 | C.C.S.M. reference | |
69 | Coming into force |