BILL NO. 76

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Personal Health Information Act
(amended)

The Honourable Maureen MacDonald
Minister of Health and Wellness

First Reading: May 3, 2012

(Explanatory Notes)

Second Reading: May 4, 2012

Third Reading: May 8, 2012 (LINK TO BILL AS PASSED)

Clause 1 amends the Personal Health Information Act to

(a) remove a reference to the Minister of Health Promotion and Protection; and

(b) change the definition of the Minister to the Minister of Health and Wellness.

Clause 2 limits the use and disclosure of personal health information.

Clause 3 removes references to the Minister of Health Promotion and Protection.

Clause 4 provides authority for the Minister to use information collected for the purpose of creating or maintaining an electronic health record.

Clause 5 removes references to the Minister of Health Promotion and Protection.

Clause 6 removes a redundant provision and makes a minor related amendment.

Clause 7 corrects a cross-reference.

Clause 8 removes a reference to the Minister of Health Promotion and Protection.

Clauses 9 and 10 require written notice of refusal if a request for a correction to personal health information is refused for a reason set out in subsection 87(2) of the Act.

Clause 11 changes a reference to the Minister to the Minister of Justice.

Clause 12 corrects two cross-references.

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 41 of the Acts of 2010, the Personal Health Information Act, is amended by

(a) striking out sub-clause (f)(iii); and

(b) adding "and Wellness" immediately after "Health" in the first line of clause (p).

2 Subsection 26(2) of Chapter 41 of the Acts of 2010, the Personal Health Information Act, is amended by adding ", use or disclose" immediately after "collect" in the second line.

3 Section 31 of Chapter 41 is amended by

(a) striking out "or the Minister of Health Promotion and Protection" in the first and second lines of clause (l); and

(b) striking out "or Minister of Health Promotion and Protection" in the first and second lines of clause (o).

4 Subsection 35(1) of Chapter 41 is amended by adding immediately after clause (h) the follow clause:

(ha) for the purpose of creating or maintaining an electronic health record, if the custodian is the Minister and the information was collected from another custodian for that purpose;

5 Subsection 38(1) is amended by

(a) striking out "and the Minister of Health Promotion and Protection" in the first and second lines of clause (g); and

(b) striking out "or the Minister of Health Promotion and Protection" in the first and second lines of clause (u).

6 Section 55 of Chapter 41 is amended by

(a) striking out clause (b); and

(b) striking out "the" the second time it appears in clause (c) and substituting "a".

7 Clause 57(a) of Chapter 41 is amended by striking out "55" and substituting "56".

8 Section 83 of Chapter 41 is amended by striking out "or the Minister of Health Promotion and Protection" in the last line.

9 Section 87 of Chapter 41 is amended by adding immediately after subsection (2) the following subsection:

10 Section 90 of Chapter 41 is amended by striking out "under" in the first line and substituting "provided under subsection 87(3) or".

11 Subsection 103(4) of Chapter 41 is amended by adding "of Justice" immediately after "Minister" in the first line.

12 Subsection 110(1) is amended by

(a) striking out "clause 10(2)(b)" in the first line of clause (g) and substituting "subsection 8(3)"; and

(b) striking out ", 45(4) or 69(1)" in the second line of clause (h) and substituting "or 45(4) or Section 69".