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Part II .

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Sharing of Health Information Regulations

made under

Section 15 of the

Court Houses and Lockup Houses

Act

R.S.N.S. 1989, c. 109

and

Section 95 of the

Correctional Services Act

S.N.S. 2005, c. 37

O.I.C. 2006-286 (June

22, 2006, effective July 1, 2006), N.S. Reg.

93/2006

Citation

1 These

regulations may be cited as the Sharing of Health Information

Regulations .

Definitions

2 In

these regulations,

(a) “facility”

means a lockup, courthouse or correctional facility;

(b) “health

care provider” means any health care professional, including a physician,

nurse, dentist, pharmacist, employee of a community health care clinic and

employee of a methadone clinic;

(c) “Health

Information Transfer Form” means the form required by

Section

(d) “hospital”

means a hospital as defined in the Hospitals Act ;

(e) “person

in custody” means either of the following:

(

i) a

person who has been arrested or is being held on any warrant issued by a judge

of the Provincial court or justice of the peace, or any process issued with

respect to any criminal or penal matter,

(ii) an

offender, as defined in the Correctional Services

Act ;

(f) “transfer”

means transfer of a person in custody to a facility, a hospital or a health

care provider;

(g) “transferring

officer” means any one of the following persons who is conducting a

transfer:

(

i) a

police officer,

(ii) a

sheriff,

(iii) an

employee of a correctional facility.

Health Information

Transfer Form

(1) A

transferring officer must ensure that a Health Information Transfer Form

accompanies the person in custody during the transfer.

(2) A

Health Information Transfer Form must be

(

a) in

the form prescribed by the Minister of Justice and the Minister of Health for

that purpose; and

(

b) completed

by the persons specified on the form.

(3) A

completed Health Information Transfer Form must be forwarded

(

a) if

the transferring officer is a police officer or sheriff, to their officer in

charge; or

(

b) if

the transferring officer is an employee of a correctional facility, to the

superintendent of the correctional facility.

If Health Information

Transfer Form not completed

(1) Despite

Section 3, if a transferring officer is unable to obtain a completed Health

Information Transfer Form, the transferring officer must

(

a) complete

the form to the extent possible; and

(

b) immediately

make a written report containing

(

i) the

name of the person in custody being transferred,

(ii) the

name of the facility or hospital to which the person in custody is being

transferred,

(iii) if

applicable, the name of the health care provider who gave care or treatment to

the person in custody during the transfer,

(iv) a

summary of the facts relating to the failure to obtain the completed Health

Information Transfer Form.

(2) A

transferring officer who completes a Health Information Transfer Form and

makes a written report under subsection (1) must immediately forward the form

and the report,

(

a) if

the transferring officer is a police officer or sheriff, to their officer in

charge; or

(

b) if

the transferring officer is an employee of a correctional facility, to the

superintendent of the correctional facility.

(3) A

person who receives a form and report under subsection (2) must forward a copy

of the form and the report to each of the Ministers of Justice and Health as

soon as practicable.