In continuation to our last post we will deal with the remaining disclosures herein-
6) Disclosure by agent or former agent:
An agent or former agent who receives personal health information for the purposes of proceeding or contemplated proceeding may disclose the information to the agent’s or former agent ‘s professional advisor for the purpose of providing advice or representation to the agent or former agent, if the advisor is under a professional duty of confidentiality.
7) Disclosure to Successor:
A health information custodian may disclose personal health information about an individual to a potential successor of the Custodian for the purpose of allowing the potential successor to assess and evaluate the operations of the custodian, if the potential successor first enters into an agreement with the custodian to keep the information confidential and secure and not to retain any of the information longer than is necessary for the purposes of the assessment or evaluation.
8) Transfer to Successor:
A health information custodian may transfer records of personal health information about an individual to the custodian’s successor after making a reasonable effort to give notice to the individual before transferring the records and if notice not given before transfer then as soon as possible after transferring the records.
9) Transfer to Archives:
A health information custodian may transfer records of personal health information about an information to the archives of Ontario or a prescribed person whose function include the collection and preservation of records of historical or archival importance.
10) Disclosure related to PHIPA or other Acts:
A health information custodian may disclose personal health information about an individual-
- For the purpose of determining, assessing or confirming capacity under the Health Care Consent Act, 1996 and Substitute Decision Act, 1992 or PHIPA;
- To a college within the meaning of of the regulated Health Professions Act;
- For the purpose of the administration or enforcement of the Drug and Pharmacies Regulation Act;
- To the Board of Regents continued under the Drugless Practitioner Act
- To the Ontario College of Social Workers and Social Service Workers for the purpose of administration or enforcement of the Social work and Social Service Work Act, 1998;
- To the Public Guardian and Trustee, the Children’s Lawyer, a children’s society act, a residential placement advisory committee established under the Child, Youth and Family Services Act;
- Subject to the requirements and restrictions prescribed under PHIPA/or any other Act of Ontario or any act of Canada for the purpose of complying with the warrant or for the purpose of facilitating the inspection, investigation or similar procedure;
- Subject to the requirements and restrictions, if permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada.
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