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For example, an Ontario physician disclosing patient information under a discretionary reporting provision would not violate PHIPA's confidentiality provisions, because they exempt disclosures that are either "permitted or required by law." However, the RHPA only permits disclosures without patient consent if they are "required by law." Thus, a physician reporting under a discretionary power could be subject to disciplinary action.
The bulk of PHIPA's weight falls on the custodians.
In addition, PHIPA imposes substantial requirements on organizations that either receive data from, or provide services to, health information custodians.
2004, c.3 (PHIPA), and its accompanying regulations, General, O.
(70) Subsections 49(1) and 49(2) of PHIPA impose constraints on the ability of organizations to use or disclose information that has been given to them by health information custodians.
The last item in this speech is an explanation of PHIPA. Freedman states that the Ontario Act proclaims five things: It establishes rules concerning the collection, use and disclosure of personal health information by health information custodians and other persons; provides individuals with a right of access to personal health information; provides individuals with a right to require the correction or amendment of personal health information; provides for independent review and resolutions of complaints with respect to personal health information; and provides for remedies for a contravention of the Statute.
(39) The Ontario Act also defines the term "substitute decision-maker." (40) PHIPA describes the powers of surrogate decision-makers and how the new provisions will interface with existing health consent legislation.
However, PHIPA provides more categories of substitute decision-makers than the legislation in other Canadian jurisdictions.
(45) PHIPA also has detailed provisions that describe the factors to consider for consent (46) and the process for appointment of a representative by the Consent and Capacity Board.
The test for capacity in PHIPA is somewhat different, as the individual must be capable of understanding the information relevant to making the decision and the reasonably foreseeable consequences of the decision.