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The Personal Health Information Act

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(4) Repealed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19.2 Consent may be withdrawn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, officer or agent
(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