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ontario regulation 346/04

made under the

Independent Health Facilities Act

Made: October 20, 2004
Filed: October 26, 2004
Printed in The Ontario Gazette: November 13, 2004

Amending O. Reg. 57/92

(General)

1. Section 11 of Ontario Regulation 57/92 is amended by adding the following subsection:

(4) On the transfer of a licence under section 11 of the Act, the transferor of the licence shall transfer to the transferee of the licence, in a manner that will protect the privacy of the records, the records maintained under section 10 of this Regulation, and the transferee of the licence shall retain those records in accordance with this section.

2. Section 12 of the Regulation is revoked and the following substituted:

12. (1) No licensee shall allow any person to have access to any information concerning a patient that is not subject to the Personal Health Information Protection Act, 2004 except in accordance with subsection (3).

(2) The reference to “information concerning a patient” in subsection (1) includes information or copies from a health record, even if anything that could identify the patient is removed.

(3) A licensee may provide information described in subsection (1) to the following persons if anything that could identify the patient is removed from the information:

1. Any person, if the information is to be used for health administration or planning or health research or epidemiological studies and the use is in the public interest as determined by the Minister.

2. Cancer Care Ontario. 

3. This Regulation comes into force on November 1, 2004.