HEALTH INFORMATION ACT
Chapter H‑5
Table of Contents
Part 1
Introductory Matters
1 Interpretation
2 Purposes
of Act
3 Scope
of Act
4 Inconsistency
or conflict with another enactment
5 Application
of Parts of Act
6 Act
binds custodian acting under another enactment
Part 2
Individual’s Right to Access
Individual’s Health Information
7 Right
of individual to access individual’s
health information
8 How
to make a request
9 Abandoned
request
10 Duty
to assist applicants
11 Right
to refuse access to health information
12 Time
limit for responding to a request for access
13 Correction
or amendment of health information
14 Refusal
to correct or amend information
15 Extending
time
16 Request
under s8 or s13 deemed to be a request under FOIP
17 Existing
procedures still available
Part 3
Collection of Health Information
18 Prohibition
re collection of health information
19 Collection
of non-identifying health information
20 Collection
of individually identifying health information
21 Collection
of personal health number
22 Duty
to collect health information from subject individual
23 Use
of recording device or camera
24 Collection
of health information by affiliate
Part 4
Use of Health Information
25 Prohibition
re use of health information
26 Use
of non‑identifying health information
27 Use
of individually identifying health information
28 Use
of health information by affiliate
29 Confidentiality
of non-recorded information
30 Use
of personal health number by non-custodian
Part 5
Disclosure of Health Information
Division 1
General Disclosure Rules
31 Prohibition
re disclosure of health information
32 Disclosure
of non‑identifying health information
33 Disclosure
of information to individual who is subject of information
34 Disclosure
of individually identifying health information
to be with consent
35 Disclosure
of diagnostic, treatment and care information
36 Disclosure
of registration information
37 Disclosure
of health services provider information
37.1 Disclosure to prevent or limit fraud or abuse of health
services
37.2 Disclosure to
prevent or limit fraud or abuse of health
services by health services providers
37.3 Disclosure to
protect public health and safety
38 Disclosure
for purpose of storage
39 Disclosure
by Minister and Department
40 Disclosure
to Minister
41 Maintaining
certain disclosure information
42 Notification
of purpose of and authority for disclosure
43 Disclosure
of health information by affiliate
44 Confidentiality
of non-recorded information
45 Duty
of custodian
Division 2
Disclosure for Health System Purposes
46 Disclosure
to Minister or Department
47 Disclosure
to other custodians
Division 3
Disclosure for Research Purposes
48 Definition
49 Research
proposal
50 Role
of research ethics board
50.1 Publication of response
51 Bar
to research
52 Application
for disclosure of health information
53 Conditions
and consents
54 Agreement
between custodian and researcher
55 Consent
for additional information
56 Court
order
Part 6
Duties and Powers of Custodians
Relating to Health Information
Division 1
General Duties and Powers
57 Duty
to collect, use or disclose health information
with highest degree of anonymity possible
58 Duty
to collect, use or disclose health information
in a limited manner
60 Duty
to protect health information
61 Duty
to ensure accuracy of health information
62 Duty
to identify responsible affiliates
63 Duty
to establish or adopt policies and procedures
64 Duty
to prepare privacy impact assessment
65 Power
to transform health information
66 Power
to enter agreement with information manager
67 Power
to charge fees
Division 2
Data Matching
68 Prohibition
69 Data
matching by custodian
70 Data
matching by custodians
71 Data
matching by custodian and non-custodian
72 Data
matching for research
Part 7
Commissioner
Division 1
Reviews by Commissioner
73 Right
to ask for a review
74 How
to ask for a review
75 Notifying
others of review
76 Mediation
may be authorized
77 Inquiry
by Commissioner
78 Refusal
to conduct inquiry
79 Burden
of proof
80 Commissioner’s orders
81 No
appeal
82 Duty
to comply with order
Division 2
Disclosure to Commissioner
83 Disclosure
to Commissioner
99 How
to ask for a review
100 Notifying
others of review
101 Conduct
and outcome of review
Part 8
General Provisions
102 Oaths
103 Manner
of giving notice
104 Exercise
of rights by other persons
105 Immunity
from suit
106 Protection
of employee
107 Offences
and penalties
108 Regulations
109 Review
of Act
Part 9
Consequential Amendments,
Paramountcy and Coming into Force
110‑124 Consequential
amendments
125 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Part 1
Introductory Matters
Interpretation
1(1) In this Act,
(a) “affiliate”,
in relation to a custodian, includes
(i) an individual employed by the custodian,
(ii) a person who performs a service for the custodian as an
appointee, volunteer or student or under a contract or agency relationship with
the custodian, and
(iii) a health services provider who has the right to admit and treat
patients at a hospital as defined in the Hospitals
Act,
but does not include
(iv) an operator as defined in the Ambulance
Services Act, or
(v) an agent as defined in the Health
Insurance Premiums Act;
(b) “applicant”
means an individual who makes a request for access to a record under section
8(1) or for a correction or amendment of health information under section
13(1);
(c) “audit”
means a financial, clinical or other formal or systematic examination or review
of a program, portion of a program or activity;
(d) “collect”
means to gather, acquire, receive or obtain health information;
(e) “Commissioner”
means the Information and Privacy Commissioner appointed under Part 4 of the Freedom of Information and Protection of Privacy
Act;
(f) “custodian”
means
(i) the board of an approved hospital as defined in the Hospitals Act other than an approved
hospital that is
(A) owned and operated by a regional health
authority established under the Regional
Health Authorities Act, or
(B) established and operated by the Alberta
Cancer Board continued under the Cancer
Programs Act;
(ii) the operator of a nursing home as defined in the Nursing Homes Act other than a nursing
home that is owned and operated by a regional health authority established
under the Regional Health Authorities Act;
(iii) a provincial health board established pursuant to regulations
made under section 17(1)(a) of the Regional
Health Authorities Act;
(iv) a regional health authority established under the Regional Health Authorities Act;
(v) a community health council as defined in the Regional Health Authorities Act;
(vi) a subsidiary health corporation as defined in the Regional Health Authorities Act;
(vii) the Alberta Cancer Board continued under the Cancer Programs Act;
(viii) a board, council, committee, commission, panel or agency that is
created by a custodian referred to in subclauses (i) to (vii), if all or a
majority of its members are appointed by, or on behalf of, that custodian, but
does not include a committee that has as its primary purpose the carrying out
of quality assurance activities within the meaning of section 9 of the Alberta Evidence Act;
(ix) a health services provider who is paid under the Alberta Health
Care Insurance Plan to provide health services;
(x) a licensed pharmacy as defined in the Pharmacy and Drug Act;
(xi) a pharmacist as defined in the Pharmacy and Drug Act;
(xii) the Department;
(xiii) the Minister;
(xiv) an individual or board, council, committee, commission, panel,
agency or corporation designated in the regulations as a custodian;
but does not include
(xv) the Alberta Alcohol and Drug Abuse Commission continued under the
Alcohol and Drug Abuse Act, or
(xvi) a Community Board as that term is defined in the Persons with Developmental Disabilities
Community Governance Act;
(g) “data
matching” means the creation of individually identifying health information by
combining individually identifying or non‑identifying health information
or other information from 2 or more electronic databases, without the consent
of the individuals who are the subjects of the information;
(h) “Department”
means the Department administered by the Minister;
(i) “diagnostic,
treatment and care information” means information about any of the following:
(i) the physical and mental health of an individual;
(ii) a health service provided to an individual;
(iii) the donation by an individual of a body part or bodily substance,
including information derived from the testing or examination of a body part or
bodily substance;
(iv) a drug as defined in the Pharmacy
and Drug Act provided to an individual;
(v) a health care aid, device, product, equipment or other item
provided to an individual pursuant to a prescription or other authorization;
(vi) the amount of any benefit paid or payable under the Alberta Health Care Insurance Act or any
other amount paid or payable in respect of a health service provided to an
individual,
and includes any other
information about an individual that is collected when a health service is
provided to the individual, but does not include information that is not
written, photographed, recorded or stored in some manner in a record;
(j) repealed
2006 c18 s2;
(k) “health
information” means any or all of the following:
(i) diagnostic, treatment and care information;
(ii) health services provider information;
(iii) registration information;
(l) “health
professional body” means a body that regulates the members of a health
profession or health discipline pursuant to an Act;
(m) “health
service” means a service that is provided to an individual
(i) for any of the following purposes and is directly or indirectly
and fully or partially paid for by the Department:
(A) protecting, promoting or maintaining physical
and mental health;
(B) preventing illness;
(C) diagnosing and treating illness;
(D) rehabilitation;
(E) caring for the health needs of the ill,
disabled, injured or dying,
or
(ii) by a pharmacist engaging in the practice of pharmacy as defined
in the Pharmacy and Drug Act
regardless of how the service is paid for,
but does not include a
service that is provided to an individual
(iii) by an ambulance attendant as defined in the Ambulance Services Act,
(iv) by the Alberta Alcohol and Drug Abuse Commission continued under
the Alcohol and Drug Abuse Act, or
(v) by a Community Board as that term is defined in the Persons with Developmental Disabilities
Community Governance Act;
(n) “health
services provider” means an individual who provides health services;
(o) “health
services provider information” means the following information relating to a
health services provider:
(i) name;
(i.1) business title;
(ii) business and home mailing addresses and electronic addresses;
(iii) business and home telephone numbers and facsimile numbers;
(iv) gender;
(v) date of birth;
(vi) unique identification number that
(A) is assigned to the health services provider
by a custodian for the purpose of the operations of the custodian, and
(B) uniquely identifies the health services
provider in relation to that custodian;
(vii) type of health services provider and licence number, if a licence
has been issued to the health services provider;
(viii) date on which the health services provider became authorized to
provide health services and the date, if any, on which the health services
provider ceased to be authorized to provide health services;
(ix) education completed, including entry level competencies attained
in a basic education program and post‑secondary educational degrees,
diplomas or certificates completed;
(x) continued competencies, skills and accreditations, including any
specialty or advanced training acquired after completion of the education
referred to in subclause (ix), and the dates they were acquired;
(xi) restrictions that apply to the health services provider’s right
to provide health services in Alberta;
(xii) decisions of a health professional body, or any other body at an
appeal of a decision of a health professional body, pursuant to which the
health services provider’s right to provide health services in Alberta is
suspended or cancelled or made subject to conditions, or a reprimand or fine is
issued;
(xiii) business arrangements relating to the payment of the health
services provider’s accounts;
(xiv) profession;
(xv) job classification;
(xvi) employment status;
(xvii) number of years the health services provider has practised the
profession;
(xviii) employer;
(xix) municipality in which the health services provider’s practice is
located,
(xx) provincial service provider identification number that is
assigned to the health services provider by the Minister to identify the health
services provider,
but does not include
information that is not written, photographed, recorded or stored in some
manner in a record;
(p) “individually
identifying”, when used to describe health information, means that the identity
of the individual who is the subject of the information can be readily
ascertained from the information;
(q) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(r) “non‑identifying”,
when used to describe health information, means that the identity of the
individual who is the subject of the information cannot be readily ascertained
from the information;
(s) “personal
health number” means the number assigned to an individual by the Department to
uniquely identify the individual;
(t) “record”
means a record of health information in any form and includes notes, images,
audiovisual recordings, x‑rays, books, documents, maps, drawings,
photographs, letters, vouchers and papers and any other information that is
written, photographed, recorded or stored in any manner, but does not include
software or any mechanism that produces records;
(u) “registration
information” means information relating to an individual that falls within the
following general categories and is more specifically described in the
regulations:
(i) demographic information, including the individual’s personal
health number;
(ii) location information;
(iii) telecommunications information;
(iv) residency information;
(v) health service eligibility information;
(vi) billing information,
but does not include
information that is not written, photographed, recorded or stored in some
manner in a record;
(v) “research”
means academic, applied or scientific health‑related research that
necessitates the use of individually identifying diagnostic, treatment and care information or
individually identifying registration information, or both;
(v.1) “research
ethics board” means a body designated by the regulations as a research ethics
board;
(w) “use”
means to apply health information for a purpose and includes reproducing the
information, but does not include disclosing the information.
(2) Where
a custodian provides services that are not health services, this Act does not
apply
(a) to
the custodian in respect of those other services, or
(b) to information relating to those other
services.
RSA 2000 cH‑5
s1;RSA 2000 cP‑13 s47.1;
2006 c18 s2;2006 c25 s24;2007 c18 s2
Purposes of Act
2 The purposes of this Act are
(a) to
establish strong and effective mechanisms to protect the privacy of individuals
with respect to their health information and to protect the confidentiality of
that information,
(b) to
enable health information to be shared and accessed, where appropriate, to
provide health services and to manage the health system,
(c) to
prescribe rules for the collection, use and disclosure of health information,
which are to be carried out in the most limited manner and with the highest
degree of anonymity that is possible in the circumstances,
(d) to
provide individuals with a right of access to health information about
themselves, subject to limited and specific exceptions as set out in this Act,
(e) to
provide individuals with a right to request correction or amendment of health
information about themselves,
(f) to
establish strong and effective remedies for contraventions of this Act, and
(g) to provide for independent reviews of
decisions made by custodians under this Act and the resolution of complaints
under this Act.
1999 cH‑4.8 s2
Scope of Act
3 This Act
(a) does
not limit the information otherwise available by law to a party to legal
proceedings,
(b) does
not affect the power of any court or tribunal in Canada to compel a witness to
testify or to compel the production of documents, and
(c) does not prohibit the transfer, storage or
destruction of a record in accordance with an enactment of Alberta or Canada.
RSA 2000 cH‑5
s3;2006 c18 s3
Inconsistency or
conflict with another enactment
4 If a provision of this Act is
inconsistent or in conflict with a provision of another Act or of a regulation,
the provision of this Act prevails unless
(a) another
Act, or
(b) a
regulation under this Act
expressly provides that the other Act or regulation, or a
provision of it, prevails despite this Act.
1999 cH‑4.8 s4
Application of Parts of
Act
5(1) This Act, except Part 3, applies in respect of
health information collected before or after the coming into force of this Act.
(2) Part 3 of this Act applies only in respect of
health information collected after the coming into force of this Act.
1999 cH‑4.8 s5
Act binds custodian
acting under another enactment
6 A custodian that collects, uses or
discloses health information pursuant to another enactment must comply with
this Act.
1999 cH‑4.8 s6
Part 2
Individual’s Right to Access
Individual’s Health Information
Right of individual to
access individual’s health information
7(1) An individual has a right of access to any
record containing health information about the individual that is in the
custody or under the control of a custodian.
(2) The
right of access to a record does not extend to information in respect of which
a custodian is authorized or required to refuse access under section 11, but if
that information can reasonably be severed from a record, an individual has a
right of access to the remainder of the record.
(3) The right of access to a record is subject to
the payment of any fee required by the regulations.
1999 cH‑4.8 s7
How to make a request
8(1) To obtain access to a record, an individual
must make a request to the custodian that the individual believes has custody
or control of the record.
(2) A
custodian that has received a request for access to a record under subsection
(1) may require the applicant to submit the request in writing.
(3) In
a request, the applicant may ask
(a) for
a copy of the record, or
(b) to examine the record.
1999 cH‑4.8 s8
Abandoned request
9(1) Where a custodian contacts an applicant in
writing respecting the applicant’s request, including
(a) seeking
further information from the applicant that is necessary to process the
request, or
(b) requesting
the applicant to pay a fee or to agree to pay a fee,
and the applicant
fails to respond to the custodian, as requested by the custodian, within 30
days after being contacted, the custodian may, by notice in writing to the applicant,
declare the request abandoned.
(2) A notice declaring a request abandoned must
state that the applicant may ask for a review of that decision by the
Commissioner.
1999 cH‑4.8 s9
Duty to assist
applicants
10 A custodian that has received a request
for access to a record under section 8(1)
(a) must
make every reasonable effort to assist the applicant and to respond to each
applicant openly, accurately and completely,
(b) must
create a record for an applicant if
