Guide to the Ontario Personal Health Information Protection Act
1 Jan 2005
Irwin Law Inc
Halyna N. Perun
Ontario's new Personal Health Information Protection Act, 2004 (PHIPA), which comes into effect on November 1, 2004, prescribes comprehensive rules for the collection, use, and disclosure of personal health information in all types of health care settings, including hospitals, psychiatric facilities, laboratories, ambulance services, and nursing homes. It applies to all regulated health professionals and to non-regulated health professionals who provide health care for payment, such as acupuncturists, psychotherapists, and ultrasonographers. The Guide to the Ontario Personal Health Information Protection Act is a comprehensive, practical resource for all health care providers about this complex new legislation. Written in plain language, it provides a detailed, well-organized explanation of the Act and regulations and how they apply to and affect all health care settings. It sets out: the obligations of health information custodians under PHIPA; the application of the law to specific health sectors; the rules for disclosing personal health information outside Ontario; the right of access by patients to their own records of personal health information; the obligations of health information custodians to provide patient access and the duty to correct records; the role and powers of the Information and Privacy Commissioner; and remedies for breaches of the legislation and offences. The book also includes a brief practical guide to the Quality of Care Information Protection Act, 2004, which was passed with PHIPA and comes into force at the same time. The Guide is written by the three counsel to the Ontario Ministry of Health and Long-Term Care who were instrumental in developing the legislation and leading it through the legislative process. The full text of the Act and regulations are included as appendices.