Pubdate: Thu, 29 Mar 2007
Source: Regina Leader-Post (CN SN)
Copyright: 2007 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Anne Kyle, Saskatchewan News Network; Regina Leader-Post

POLICE GET LIMITED ACCESS TO HEALTH INFO

Changes Aimed At Aiding Public Safety

REGINA -- The provincial government has enacted amendments to the 
Health Information Protection Regulations to enable police officers 
to obtain health information critical to drug and criminal investigations.

"We want to strike the correct balance between public safety and 
protecting privacy," said Justice Minister Frank Quennell.

"We are putting in place regulations to clarify the legislative 
intent of the Health Information and Protection Act. This is to 
facilitate the work of the police, but it is also to clarify the 
responsibilities and the extent to which health workers can disclose 
information to the police.

"The purpose of these amendments is to protect individuals' personal 
health information and, at the same time, ensure the safety of 
communities in our province."

The regulations are something the police community in Saskatchewan 
has been working toward to establish some clarity around what 
information can and can't be shared, said Regina Police Service Insp. 
Rick Bourassa.

"It will be very helpful," he said, explaining that having a 
framework to work with will alleviate any concerns that individuals 
may have had about overstepping the privacy legislation.

"These regulations will allow us as police officers to receive 
information on sort of the general condition of somebody when we are 
conducting a criminal investigation and it will also allow us to get 
information on pieces of potential evidence that may be at certain 
scenes that health people have been involved with."

The amendments will improve communication between the health sector 
and police agencies in Saskatchewan and bring the province's 
regulations in line with similar rules in Ontario, Manitoba, Alberta 
and British Columbia, Quennell said.

However, he said Saskatchewan's proposed regulations are much 
narrower in respect to the circumstances and the information that can 
be provided than in a number of provinces.

"Manitoba, Ontario and B.C. all have much broader language that 
applies to all provincial offences and other police investigations. 
We are limiting the ability of the police to ask for information in 
those cases where there are indictable offences or lawful 
investigations under the Criminal Code or Controlled Drugs and 
Substances Act," Quennell said.

Police may request personal health information from health 
authorities only when they conduct Criminal Code or Controlled Drugs 
and Substances Act enforcement or investigations, execute arrest 
warrants, serve a subpoena or are trying to locate a missing person 
who may have recently sought care at a health-care facility.

The information that can be released by hospital and emergency 
services personnel is limited to the health facility where the 
individual received health services and/or the nature and severity of 
an injury suffered by the individual.

The regulations also enable health authorities to disclose the 
personal health information of a deceased person to a coroner.

Each request for information will be assessed to determine what 
information is needed and why it is needed.

Health-care providers and police officers will receive training about 
their responsibilities under the amendments.
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MAP posted-by: Jay Bergstrom