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Personal Health Information Disclosure Due to Risk of Serious Harm

On June 3, 2019, legislation was passed that amended the personal health information and mental health acts. Previous legislation was reviewed and amended by the province in response to patient, family and health-care provider advocacy calling for a more permissive directive to disclose personal health information after patients experienced serious, negative outcomes. The amendments enable disclosure of personal health information where reasonably necessary to prevent or lessen a risk of serious harm to an individual or someone else, or to public health or public safety.

This legislation allows disclosure without consent, although disclosure with consent remains best practice and is preferable.

Disclosure allowed by the legislation must be person-centered, and requires clinical determination and judgement. Disclosure is permissive and discretionary, not obligatory.

Personal Health Information Act

Personal Health Information Regulation

 Mental Health Act

 

 

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