Confidentiality

• Section 36 of the Regulated Health Professions Act sets out a duty of confidentiality
• Giving information about a client to a person other than the client or his or her authorized representative except with the consent of the client or his or her authorized representative or as required or allowed by law is an act of professional misconduct (1(10), O. Reg. 799/93)
• A governmental institution shall not disclose personal information about an individual without the individual's consent, in most circumstances. (Freedom of Information and Protection of Privacy Act)
• The Government of Ontario is considering enacting Privacy Legislation that will codify confidentiality issues. Bill 159, Personal Health Information Privacy Act, 2000. The Government of Ontario introduced draft legislation in December 2000, and is currently conducting province-wide consultations discussing acceptable collection, use, and disclosure of personal information in the health care sector.

Confidentiality in RHPA

Please note: in sub. 36(1), the term "health profession Act" includes the Nursing Act, 1991.

36. (1) Every person employed, retained or appointed for the purpose of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except,

(a) to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act;

(b) in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members' incapacity, incompetence or acts of professional misconduct or the governing of the profession;

(c) to a body that governs a health profession in a jurisdiction other than Ontario;

(d) as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Health Insurance Act, the Independent Health Facilities Act, the Ontario Drug Benefit Act, the Narcotic Control Act (Canada) and the Food and Drugs Act (Canada);

(e) to the counsel of the person who is required to preserve secrecy; or

(f) with the written consent of the person to whom the information relates.