Medical Information
Access to records
According to the HCPSA, a medical practitioner must provide any person age 16 years and older with a copy or abstract or direct access to his or her own records on request. Where the patient is under the age of 16 years, the parent or legal guardian may make the application for access to the records.
They must not make information available to any third party without the written authorisation of the patient or his or her legal representative.
A medical practitioner or dentist may make available the records to a third party without the written authorisation of the patient or his or her legal representative under the following circumstances:
- Where a medical practitioner is a witness in a legal trial between a patient and another party.
- Where a patient has instituted action in court against a medical practitioner and is ordered to testify on the patient’s medical condition.
- Where a patient sues a medical practitioner and the latter testifies in his or her own defense.
- Where the Medical Professions Board has instituted disciplinary proceedings and the medical practitioner has to answer to a charge or defends him or herself.
- In the event where a patient and their condition becomes known to a medical practitioner and the nature thereof is such that the medical practitioner concerned is of the opinion that the information ought to be divulged, in the interest of the general public.
In provincial hospitals the records shall be kept under the care and control of the superintendent. Access to such records shall be subject to compliance with the requirements of the Access to Information Act and such conditions as may be approved by the superintendent.
|
|
