Personal Health Information Act, 2000 Witmer, Hon. Elizabeth Minister of Health and Long-Term Care — Bill 159 (37th Parliament, 1st Session)

Bill 159, 37-1

Ontario — Bills

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Bill 159, Personal Health Information Act, 2000

Witmer, Hon. Elizabeth Minister of Health and Long-Term Care

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[37] Bill 159 Original (PDF)

Bill 159

Bill 1592000

An Act respecting

personal health information

and related matters

CONTENTS

PART I

PURPOSES,

DEFINITIONS AND

INTERPRETATION

1.Purposes

2.Definitions and

interpretation

3.Interpretation, health information custodian

PART II

APPLICATION OF ACT

4.Crown bound

5.Information affected

6.Freedom of information legislation

7.Non-application of this Act

8.Other rights and Acts

9.Solicitor-client privilege

10.Law of evidence

11.Conflict

PART III

GENERAL LIMITATIONS

12.Limitations with respect to information

13.Electronic use of information

14.Computer matching

15.Delegation by Ministers

16.Employees, etc., of health information custodians

17.Information manager

PART IV

PRACTICES TO PROTECT

PERSONAL HEALTH INFORMATION

18.Security

19.Retention and disposal of records

20.Information for public

PART V

CONSENT CONCERNING

PERSONAL HEALTH INFORMATION

21.Elements of consent

PART VI

COLLECTION, USE AND

DISCLOSURE OF PERSONAL

HEALTH INFORMATION

22.Limits on collection

23.Confidentiality

24.Limits on use and disclosure

25.Information about uses and disclosures

26.Limits on marketing

27.Permitted uses

28.Disclosure with consent

29.Disclosures related to the individual

30.Disclosures for health or other programs

31.Disclosure directed by Minister

32.Research project or program

33.Disclosures related to risks and custody of the

individual

34.Disclosures in proceedings

35.Transfer of records

36.Disclosures related to this or other Acts

37.Use or disclosure outside Ontario

38.Health cards and health numbers

39.Fees

PART VII

QUALITY OF CARE INFORMATION

40.Definitions

41.Non-disclosure in proceeding

42.Reporting permitted

43.Immunity

PART VIII

ACCESS TO RECORDS OF

PERSONAL HEALTH INFORMATION

44.Non-application of

Part

45.Right of access

46.Access by person making decision

47.Procedure for access

48.Refusal of access

49.Freedom of information legislation

50.Amendment of record

PART IX

SUBSTITUTE DECISIONS

CONCERNING PERSONAL

HEALTH INFORMATION

51.Definitions

52.Interpretation

53.Consent to collection, use or disclosure

54.Capacity

55.Presumption of capacity

56.Consent given by parent, etc.

57.Incapable individual: persons who may consent

58.Deceased individual

59.Transition, representative appointed by individual

60.Transition, representative appointed by Board

61.Factors to consider re consent

62.Application for review of determination of incapacity

63.Application for appointment of representative

PART X

POWERS AND DUTIES OF THE COMMISSIONER

64.Powers

65.Delegation

66.Confidentiality

67.Immunity

PART XI

ADMINISTRATION AND ENFORCEMENT

68.Complaints

69.Inquiry

70.Burden of proof

71.Order

72.Appeal

73.Offences

PART XII

MISCELLANEOUS

74.Annual report by institution

75.Protection from liability

76.Regulations

77.Review of Act

PART XIII

COMPLEMENTARY AMENDMENTS

AND REPEALS

78. Charitable Institutions Act

79. Child and Family Services Act

80. Drug and Pharmacies Regulation Act

81. Education Act

82. Freedom of Information and Protection of Privacy Act

83. Health Cards and Numbers Control Act, 1991

84. Health Care Consent Act, 1996

85. Health Insurance Act

86. Health Protection and Promotion Act

87. Homes for the Aged and Rest Homes Act

88. Long-Term Care Act, 1994

89. Mental Health Act

90. Nursing Homes Act

91. Ontario Drug Benefit Act

92. Public Hospitals Act

93. Substitute Decisions Act, 1992

PART XIV

COMMENCEMENT AND

SHORT TITLE

94.Commencement

95.Short title

______________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

PART I

PURPOSES,

DEFINITIONS AND

INTERPRETATION

Purposes

1. The purposes of this Act are,

(a)to establish duties and mechanisms to protect the confidentiality and

security of personal health information and the privacy of the individual to

which the information relates;

(b)to establish rules for the collection, use, disclosure, retention and

disposal of personal health information;

(c)to protect individuals, whether living or deceased, from the

unauthorized collection, use, disclosure, retention and disposal of personal

health information relating to themselves;

(d)to facilitate the exchange of personal health information for

authorized purposes;

(e)to control the collection, use and disclosure of an individual's health

number;

(f)to establish restrictions on the disclosure in proceedings of quality

of care information as defined in

Part VII;

(g)to provide individuals with a right of access to records of personal

health information relating to themselves, subject to limited and specific

exceptions as set out in this Act;

(h)to provide individuals entitled to access to records of personal health

information relating to themselves with a right to request to have the

records amended;

(i)to provide who may act on behalf of an individual with respect to

personal health information and in what circumstances;

(j)to provide mechanisms, including independent review, for investigating

and settling complaints under this Act and for reviewing information

practices; and

(k)to establish remedies for violations of this Act.

Definitions and

interpretation

(1) In this Act, "

Assistant Commissioner" means the Assistant Commissioner for Personal

Health Information appointed under the Freedom of Information and

Protection of Privacy Act\; ("commissaire adjoint") "

attorney for personal care" means an attorney under a power of attorney

for personal care made in accordance with the Substitute Decisions Act,

1992\; ("procureur au soin de la personne") "

attorney for property" means an attorney under a continuing power of

attorney for property made in accordance with the Substitute Decisions

Act, 1992\; ("procureur aux biens") "

Board" means the Consent and Capacity Board; ("Commission") "

collect", in relation to personal health information, means to gather,

acquire or obtain the information from any source by any means, and

"collection" has a corresponding meaning; ("recueillir", "collecte") "

Commissioner" means the Information and Privacy Commissioner appointed

under the Freedom of Information and Protection of Privacy Act\;

("commissaire") "

disclose", in relation to personal health information in the custody or

under the control of a health information custodian, means to release the

information or to make it available to a person who is not employed by or in

the service of the custodian, and "disclosure" has a corresponding meaning;

("divulguer", "divulgation") "

guardian of property" means a guardian of property or a statutory guardian

of property under the Substitute Decisions Act, 1992\; ("tuteur aux

biens") "

guardian of the person" means a guardian of the person appointed under the

Substitute Decisions Act, 1992\; ("tuteur la personne") "

health care" means anything that is done for a therapeutic, preventive,

palliative, diagnostic, cosmetic or other health-related purpose and

includes,

(a)a service that is related to health care and that is,

(i)a personal support service, or

(ii)a community service that is described in subsection 2 (3) of the

Long-Term Care Act, 1994 and provided by a service provider within

the meaning of that Act,

(b)the observation, examination or assessment of an individual to

determine or monitor his or her physical or mental health or well-being,

and

(c)the compounding, dispensing or selling of a drug, a device, equipment

or any other item to an individual, or for the use of an individual, pursuant

to a prescription; ("soins de sant") "

health care practitioner" means,

(a)an individual who practises a health profession within the meaning of

the Regulated Health Professions Act, 1991 ,

(b)an individual who practises as a drugless practitioner registered under

the Drugless Practitioners Act ,

(c)a social worker who provides health care and who is a certified member

of the Ontario College of Certified Social Workers before the day

section 18

of the Social Work and Social Service Work Act, 1998 comes into

force or a member of the Ontario College of Social Workers and Social Service

Workers on or after the day that

section comes into force, or

(d)an individual who treats the physical or mental health or well-being of

an individual for payment; ("praticien des soins de sant") "

health information custodian" means, subject to subsections (2) to (5), a

person described in one of the following paragraphs who has custody or

control of personal health information as a result of or in connection with

performing the person's powers or duties or the work described in the

paragraph, if any, but not otherwise:

1.A health care practitioner.

2.A service provider within the meaning of the Long-Term Care Act,

1994 who provides a service to which that Act applies.

3.A service provider within the meaning of the Child and Family

Services Act who provides a service to which that Act applies.

4.A person who operates one of the following facilities, programs or

services:

i.a hospital within the meaning of the Public Hospitals Act , a

private hospital within the meaning of the Private Hospitals Act , a

psychiatric facility within the meaning of the Mental Health Act , an

institution within the meaning of the Mental Hospitals Act or a

regional cancer centre,

ii.an independent health facility within the meaning of the

Independent Health Facilities Act ,

iii.an approved charitable home for the aged within the meaning of the

Charitable Institutions Act , a home or joint home within the meaning

of the Homes for the Aged and Rest Homes Act or a nursing home

within the meaning of the Nursing Homes Act ,

iv.a home for special care within the meaning of the Homes for Special

Care Act ,

v.a home for retarded persons within the meaning of the Homes for

Retarded Persons Act ,

vi.a retirement home for elderly persons,

vii.a pharmacy within the meaning of

Part VI of the Drug and

Pharmacies Regulation Act ,

viii.a laboratory or a specimen collection centre as defined in

section 5

of the Laboratory and Specimen Collection Centre Licensing Act ,

ix.an ambulance service within the meaning of the Ambulance

Act ,

x.a community health program or service,

xi.a program or service funded under the Developmental Services

Act , or

xii.a program of employment supports within the meaning of the Ontario

Disability Support Program Act, 1997 .

5.An evaluator within the meaning of the Health Care Consent Act,

1996 .

6.An assessor within the meaning of the Substitute Decisions Act,

1992 .

7.A medical officer of health within the meaning of the Health

Protection and Promotion Act .

8.The Minister.

9.A district health council established under the Ministry of Health

Act .

10.A College within the meaning of the Regulated Health Professions

Act, 1991 or the Board of Regents continued under the Drugless

Practitioners Act .

11.Cancer Care Ontario.

12.A person who maintains a registry of personal health information that

relates to a specific disease or condition or that relates to the storage or

donation of body parts or bodily substances.

13.A person or a class of persons prescribed by the regulations who

maintains a repository of personal health information for the primary purpose

of data analysis or research.

14.Any other person or class of persons prescribed by the regulations as

health information custodians if they have custody or control of personal

health information as a result of or in connection with performing their

powers or duties or the work prescribed b

Document details

Collection	Ontario — Bills
Citation	Bill 159, 37-1
Type	bill
Volume / chapter	p37 s1 bill 159 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	464ae0c26368702bdd04f273a10195ece2c2aefa

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