Privacy Policy

In general, we require consent in order to collect, use, or disclose personal health information. However, there are some cases where we may collect, use or disclose personal health information without consent as permitted or required by law.

Implied consent (Disclosures to other health care providers for health care purposes) – Circle of Care

Patient information may be released to a patient’s other health care providers for health care purposes (within the “circle of care”) relying on implied consent and without requiring the express written or verbal consent of the patient as long as it is reasonable in the circumstances to believe that the patient wants the information shared with the other health care providers. No patient information will be released to other health care providers if a patient has stated they do not want the information shared (for instance, by way of the placement of a “lockbox” or “consent directive” on their health records).

A patient’s request for treatment constitutes implied consent to use and disclose their personal health information for health care purposes, unless the patient expressly instructs otherwise.

Who can be in the “circle of care” includes (among others providing direct patient care if authorized by
PHIPA):

Within Clinton Family Health Team:

• Interprofessional health providers (Physician, Nurse Practitioner, Registered Nurse, Registered Practical Nurse, Mental Health Worker, Dietitian, Psychologist, Social Worker, Pharmacist, and other clinical staff) 
• Medical students and residents or nursing or other allied health care students

Outside of Clinton Family Health Team: (among others)

• Regulated health professionals or social workers in solo practice or group
• Hospitals
• Community Health Centres
• Long-term care homes
• Ambulance
• Pharmacists
• Laboratories
• A centre, program or service for community health or mental health whose primary purpose is the provision of health care

For clarity – the following groups are NOT in the circle of care and we do not share personal health information about our patients with them relying on implied consent. That does not mean we never disclose to these individuals and groups – but we only do so if we have express consent or if we are otherwise permitted or required by law to disclose:  

• Teachers and schools (however, psychologists, social workers, nurses, psychiatrists, speech-language pathologists, occupational therapists, physiotherapists, or audiologists affiliated with schools may be in the circle of care if they are providing health care)
• Children’s Aid Societies
• Police 
• Landlords
• Employers
• External unregulated care providers
• Spiritual leaders/healers
• Insurance companies

Express consent

Patients may also provide a verbal or written consent if they wish for Clinton Family Health Team to release their information to their external health care providers. See our “Access and Correction Procedures – Release of Patient Information”.

Should a patient wish their lawyer, insurance company, family, employer, landlord or other third party individuals or agencies (non-health care providers) to have access to their health record, the patient must provide verbal or written consent to this effect, which will be communicated in accordance with our “Access and Correction Procedures – Release of Patient Information”.

No Consent

There are certain activities for which consent is not required to collect, use or disclose personal health information. These activities are permitted or required by law. For example, we do not need consent from patients to (this is not an exhaustive list):

• Plan, administer and manage our internal operations, programs and services
• Do financial reporting and process for compensation 
• Engage in quality improvement, error management, and risk management activities
• Participate in the analysis, administration and management of the health care system
• Engage in some research projects (subject to certain rules, such as obtaining research ethics board approval and having research contracts) – Please note: much of our research activities require express consent of our patients
• Teach, train and educate our Team Members and others
• Compile statistics for internal or mandatory external reporting
• Respond to legal proceedings
• Comply with mandatory reporting obligations

A list of mandatory reporting obligations is found in our “Access and Correction Procedures – Release of Patient Information”.

If Team Members have questions about using and disclosing personal health information without consent, they can ask the Privacy Officer.

Withholding or Withdrawal of Consent

If consent is sought, a patient may choose not to give consent (“withholding consent”). If consent is given, a patient may withdraw consent at any time, but the withdrawal cannot be retrospective. The withdrawal may also be subject to legal or contractual restrictions and reasonable notice.

Lockbox – Consent Directive

PHIPA gives patients the opportunity to restrict access to any personal health information or their entire health record by their health care providers within Clinton Family Health Team or by external health care providers. Although the term “lockbox” is not found in the privacy legislation, lockbox is commonly used to refer to a patient’s ability to withdraw or withhold consent for the use or disclosure of their personal health information for health care purposes. See the “Lockbox Procedures” for details of how the lockbox works.