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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 must respond promptly |
| (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 |
| 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) | Record of destruction |
| (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 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 |
| (3) | Limit on disclosure |
| 23(1) | Disclosure to family about patient's health care |
| (2) | Disclosure about patient's condition |
| (3) | No disclosure if possible harm |
| HEALTH RESEARCH | |
| 24(1) | Approval 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 |
| 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 | Information provided under qualified 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 |
| APPEAL TO COURT | |
| 49(1) | Appeal to court for access to record |
| (2) | Appeal only if complaint has been made |
| (3) | Appeal within 30 days |
| (4) | Trustee to be named as respondent |
| (5) | Appeal served on trustee and Ombudsman |
| 50(1) | Appeal by the Ombudsman |
| (2) | Ombudsman may intervene |
| (3) | Appeal served on trustee |
| 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 | Exercising rights of another person |
| 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 | Review of this Act |
| 68 | C.C.S.M. reference |
| 69 | Coming into force |