O. Reg. 332/04: Hospital Management

 

ontario regulation 332/04

made under the

public hospitals act

Made: September 28, 2004
Approved: October 20, 2004
Filed: October 21, 2004
Printed in The Ontario Gazette: November 6, 2004

Amending Reg. 965 of R.R.O. 1990

(Hospital Management)

1. Subsection 1 (1) of Regulation 965 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“records of personal health information”, in respect to a patient, includes the patient’s medical record, notes, charts and any other material relating to patient care;

2. Clause 10 (2) (a) of the Regulation is amended by striking out “medical and drug records” and substituting “records of personal health information”.

3. Subsection 13 (1) of the Regulation is amended by striking out “medical record” and substituting “records of personal health information”.

4. (1) The heading immediately preceding section 19 of the Regulation is revoked and the following substituted:

Records of Personal Health Information

(2) Subsection 19 (1) of the Regulation is amended by striking out “a medical record” and substituting “records of personal health information”.

5. (1) Subsection 20 (1) of the Regulation is amended by striking out “medical records and notes, charts and other material relating to patient care” and substituting “records of personal health information”.

(2) Paragraphs 1 and 2 of subsection 20 (2) of the Regulation are revoked and the following substituted:

1. Records of personal health information.

(3) Subsection 20 (7) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) in the case of an access request under section 53 of the Personal Health Information Protection Act, 2004, for as long as necessary to allow the individual to exhaust any recourse under that Act that he or she may have with regard to the request.

(4) Subsection 20 (8) of the Regulation is amended by adding the following paragraph:

4. An access request under section 53 of the Personal Health Information Protection Act, 2004.

6. (1) Subsection 21 (1) of the Regulation is amended by striking out “medical records and notes, charts and other material relating to patient care” and substituting “records of personal health information”.

(2) Subsection 21 (2) of the Regulation is amended by striking out “medical records and notes, charts and other material relating to patient care” in the portion before clause (a) and substituting “records of personal health information”.

(3) Clause 21 (2) (a) of the Regulation is amended by striking out “medical records and notes, charts and other material relating to patient care” and substituting “records of personal health information”.

7. (1) Subsections 22 (1) and (2) of the Regulation are revoked and the following substituted:

(1) Except as required by law or as provided in this section, no board shall permit any person to remove, inspect or receive information from records of personal heath information.   

(2) Subsection 22 (2.3) of the Regulation is amended by striking out “medical records, notes, charts or other material relating to patient care” and substituting  “records of personal health information”.

(3) Subsection 22 (5.1) of the Regulation is amended by striking out “medical records and from notes, charts and other material relating to patient care” in the portion before paragraph 1 and substituting “records of personal health information”.

(4) Subsection 22 (6) of the Regulation is revoked and the following substituted:

(6) A board may permit,

(a) a member of the medical, dental, midwifery or extended class nursing staff but only for teaching purposes;

(b) a person with a written direction from the Deputy Minister of Veterans Affairs (Canada) or a person designated by the Deputy Minister of Veterans Affairs (Canada), where the patient is a member of the Canadian Forces or an ex-member of Her Majesty’s military, naval or air force of Canada; or

(c) a person lawfully authorized to make treatment decisions on behalf of an incapable person,

to inspect and receive information from records of personal health information and to be given copies from them.

8. (1) Subsection 22.1 (1) of the Regulation is amended by striking out “medical records” and substituting “records of personal health information”.

(2) Subsection 22.1 (2) of the Regulation is amended by striking out “medical records” and substituting “records of personal health information”.

9. Sections 23 and 23.1 of the Regulation are revoked and the following substituted:

23. A hospital, when requested to do so by the Minister, shall provide information,

(a) from records of personal health information including x-ray films, to Cancer Care Ontario;

(b) from records of personal health information, to a person for purposes of information and data collection, organization and analysis; and

(c) from records of personal health information, to a physician assessor appointed by the Ministry, for the purposes of evaluating applications to the Underserviced Area Program.

10. Subsection 23.2 (1) of the Regulation is amended by striking out “medical records” in the portion before paragraph 1 and substituting “records of personal health information”.

11. This Regulation comes into force on the later of November 1, 2004 and the day it is filed.

Made by:

George Smitherman

Minster of Health and Long-Term Care

Date made: September 28, 2004.