O. Reg. 190/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - ACCESS TO PERSONAL HEALTH INFORMATION BY MEANS OF THE ELECTRONIC HEALTH RECORD
filed May 1, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
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made under the
Emergency Management and Civil Protection Act
Made: May 1, 2020 (12:50 pm) Filed: May 1, 2020
Published on e-Laws: May 1, 2020
Printed in The Ontario Gazette: May 16, 2020
ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - Access to PERSONAL HEALTH INFORMATION By Means of the Electronic HealTh Record
Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;
And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;
Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 9, 12 and 14 of that subsection, the terms of which are set out in Schedule 1;
And Further, this Order applies generally throughout Ontario;
And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.
Schedule 1
Interpretation
1. In this Order,
“Chief Medical Officer of Health” has the same meaning as in the Health Protection and Promotion Act; (“médecin-hygiéniste en chef”)
“coroner” has the same meaning as in the Coroners Act; (“coroner”)
“electronic health record” has the same meaning as in subsection 6.2 (4) of Ontario Regulation 329/04 (General) made under the Personal Health Information Protection Act, 2004; (“dossier de santé électronique”)
“health information custodian” has the same meaning as in the Personal Health Information Protection Act, 2004; (“dépositaire de renseignements sur la santé”)
“medical officer of health” has the same meaning as in subsection 1 (1) of the Health Protection and Promotion Act; (“médecin-hygiéniste”)
“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004. (“renseignements personnels sur la santé”)
Use of the electronic health record to collect personal health information, medical officers of health
2. The Chief Medical Officer of Health or a medical officer of health may use the electronic health record to collect personal health information when the following conditions are met:
1. The health information custodian who provided the personal health information to Ontario Health would be authorized or required to disclose the personal health information to the Chief Medical Officer of Health or the medical officer of health if the Chief Medical Officer of Health or the medical officer of health had directly requested it from the health information custodian.
2. The Chief Medical Officer of Health or the medical officer of health would be authorized to collect the personal health information if they had directly requested it from the health information custodian.
3. The Chief Medical Officer of Health or the medical officer of health requires the personal health information for any purpose related to exercising their powers or performing their duties under the Health Protection and Promotion Act.
Use of the electronic health record to collect personal health information, coroners or certain registered nurses
3. A coroner, or a registered nurse who has been appointed under subsection 16.1 (1) of the Coroners Act to exercise the investigative powers and duties of a coroner, may use the electronic health record to collect personal health information when the following conditions are met:
1. The health information custodian who provided the personal health information to Ontario Health would be authorized or required to disclose the personal health information to the coroner or registered nurse if the coroner or registered nurse had directly requested or demanded it from the health information custodian.
2. The coroner or registered nurse would be authorized to collect the personal health information if they had directly requested or demanded it from the health information custodian.
3. The coroner or registered nurse has been authorized by the Chief Coroner to use the electronic health record to collect personal health information.
4. The coroner or registered nurse requires the personal health information for any purpose related to exercising their powers or performing their duties under the Coroners Act.
Assistance of Ontario Health
4. Ontario Health is authorized to make personal health information available to the Chief Medical Officer of Health, medical officers of health, coroners and registered nurses by means of the electronic health record in accordance with this Order even if Ontario Health does not have custody or control of the personal health information.