Ordinarily, an RP is required to maintain confidentiality and refrain from sharing their clients’ personal health information. But there are circumstances where an RP is required to share information, or may share information at their discretion. The laws and requirements that govern confidentiality of client health information are mainly set out in the Personal Health Information Protection Act and the Professional Practice Standards, in particular Standard 3.1: Confidentiality.
The Missing Persons Act took effect in 2019 and sets out the processes for sharing client personal health information with police in a missing persons investigation. Health care providers always had the discretion to share information with police if they had reasonable grounds to believe that the sharing would reduce or eliminate a serious risk of bodily harm. In addition, health care providers have always been required to comply with summons, orders or search warrants relating to their records.
What the Missing Persons Act introduces are new pathways. Of greatest relevance: police may request information contained in personal health records under what is referred to as an Urgent Demand, and they must use the appropriate form to do so. All or part of the record may be requested, or an oral description of its contents if the police officer consents to it.
While the law allows the clinical record to be provided to police, some have expressed concern about turning over a client’s complete file. If you ever receive an Urgent Demand, we encourage you to review the form carefully. If there is a compelling reason not to share parts of the record that have been requested (e.g. you are aware the person does not wish to be located), communicate these concerns with the police or contact your legal counsel promptly.