There are four main sources of regulations that physicians must be aware of in their daily practice in Saskatchewan..
1. College of Physicians & Surgeons – Bylaw 46
2. HIPA
- Deals directly with personal health information (PHI)
- A central concept here is that of trustee – doctors, nurses, administrators etc. are trustees in relation to the patient…the relevant sections follow
- Sets out the rights of the individual – for ex. informed consent
- Sets out the duty to protect PHI – accuracy, retention, destruction
- Sets out the limits on collection, use and disclosure
- Sets out the right of access individuals have to their PHI
3. PIPEDA
- Concerned with protecting information and electronic documents
- The main focus is with respect to commercial ventures – particularly those that cross borders
- A central element is consent, which translates to informed consent within the medical context
4. COMMON LAW
Hay v. Sterns (1990) Alta QB
When patients commence actions for damages placing their health at issue any right to confidentiality is waived…the right to confidentiality is eclipsed by the right of Defendants to know the basis and scope of the claims being advanced
McInerney v. MacDonald (1992) SCC
Physicians own the records but the information contained therein is to be used for the benefit of the patients.
Patients are entitled, upon request, to inspect and copy all information in their medical records which their physicians have considered in administering advice or treatment. Therefore, the complete medical record is producible and must be produced upon presentation to the physician of a consent for release of information
Updated 27 October 2011
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