Personal Health Information Protection Act (PHIPA)
“Personal health
information” is identifying information about an individual student which
pertains to health care, including information about a student’s physical or
mental health, receipt of health care services and health number. The Personal Health Information Protection Act (PHIPA) establishes rules for the collection,
use and disclosure of personal health information in a broad range of
circumstances. When the Upper Canada District School Board collects student
personal health information (i.e. conducts speech and language or psychological
assessments to support a student’s educational program), it follows the rules
in PHIPA.
The legislation
balances individuals' right to privacy with respect to their own personal
health information with the legitimate needs of persons and organizations who
provide health care services to access and share this information. It sets out
rules for the collection, use and disclosure of personal health information
which apply to all "Health Information Custodians" operating within
the province of Ontario and to individuals and organizations who receive
personal health information from those authorized to collect and use it. The
rules recognize the unique character of personal health information as one of
the most sensitive types of personal information that is frequently shared.
Collection and
Use of Personal Health Information
With limited
exceptions, the legislation requires health information custodians to obtain
consent before they collect, use or disclose personal health information. They
must take reasonable steps to safeguard and protect personal health information
and ensure that medical records are retained, stored, transferred and disposed
of in a safe and secure manner.
Health
Information Custodians are required to notify an individual if his/her personal
information is lost, stolen or accessed by an unauthorized individual or
organization.
Knowledgeable
consent is required for the collection, use and disclosure of personal health
information relating to any student of the Upper Canada District School
Board. Consent is considered to be "knowledgeable" if the
person knows what information is being collected, how it will be used, where
and for how long it will be stored, under what circumstances will it be
disclosed, for what period of time the consent is valid and how it can be
withdrawn.
The Act is clear
that a capable person, regardless of age, may consent to the collection, use
and disclosure of his/her personal health information. In other words,
where a person has the ability to understand the information that is relevant
to deciding whether to consent, and has the ability to appreciate reasonable
consequences of giving, not giving, or withdrawing consent, that person is the
one from whom consent is sought. However, it is still prudent to obtain
written, informed consent from the parents/legal guardians of a student,
particularly those under the age of 16.
Others may also
consent on that person's behalf (for example, anyone over the age of 16 that
the person has authorized to act on his/her behalf, a parent if the person is
under the age of 16, or a substitute decision-maker if the person is incapable
of consenting (as determined by a Consent and capacity Board).
PHIPA requires
that the Board provide written information describing the practices of the
Health Information Custodian.
Important
Definitions
"Health
Care"
Health care is
defined as any observation, examination, assessment, care, service or procedure
that is done for a health-related purpose and that is provided to treat or
maintain an individual's physical or mental condition, prevent disease or
injury, or to promote health.
"Health
Information Custodian"
The legislation
applies to all health care practitioners, including those defined under the
Regulated Health Professions Act (psychologists, psychological associates, and
speech-language pathologists), members of the Ontario College of Social Workers
and Social Service Workers (social workers and attendance counsellors), and
those people "whose primary function is to provide health care for
payment". In other words, all non-teaching Student Services staff of
the Upper Canada District School Board are considered to be Health Information
Custodians as defined by the Act.
"Agent"
District school
boards, teachers and other employees within the Board are considered
"agents" regarding the use of health information. An agent is a
person who, with the authorization of the Health Information Custodian, acts
for, or on their behalf. Agents are not permitted to collect, use or
disclose personal health information unless permitted to do so by the
Custodian.
For more information contact:
The Information and Records Management Office
225 Central Avenue, West, Brockville, ON K6V 5X1
1-800-267-7131 or locally 613-342-0371 Ext. 1396