NEWFOUNDLAND
AND
LABRADOR
REGULATION 38/11
Personal Health Information Regulations
under the
Personal Health Information Act
(O.C. 2011-095)
Amended by:
36/17
NEWFOUNDLAND
AND
LABRADOR
REGULATION 38/11
Personal Health Information Regulations
under the
Personal Health Information Act
(O.C. 2011-095)
(Filed March 31, 2011)
Under the authority of section 90 of the Personal Health Information Act,
the Lieutenant-Governor in Council makes the following regulations.
Dated at St. John's
, March 30, 2011.
Robert Thompson
Clerk of the Executive Council
REGULATIONS
Analysis
Short title
1.
These regulations may be cited as the Personal Health Information Regulations.
38/11 s1
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Definition
2.
In these regulations
(a)
"Act" means the Personal Health Information Act
; and
(a)
"affiliation agreement" means an agreement with a university, college or other centre of learning to provide instruction to post-secondary students.
38/11 s2
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Health care service
3.
Where a custodian has entered into an affiliation agreement to provide instruction to a student or other person in his or her course of study to become a health care provider or a health care professional, that instruction is a health care service within the meaning of paragraph 2(1)(h)(viii) of the Act.
38/11 s3
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Custodian
4.
(1) The following persons are designated as custodians for the purpose of paragraph 4(1)(p) of the Act:
(a)
a department of the Nunatsiavut government when engaged in a function related to the delivery or administration of health care in Nunatsiavut; and
(b)
the Canadian Blood Services.
(2)
The Eastern Regional Integrated Health Authority in respect of the Newfoundland
and Labrador Cancer Care Registry is designated as a custodian for the purposes of paragraph 39(4)(d) of the Act.
38/11 s4; 36/17 s1
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Material breach
5.
The factors that are relevant to determining what constitutes a material breach for the purpose of subsection 15(4) of the Act include the following:
(a)
the sensitivity of the personal health information involved;
(b)
the number of people whose personal health information was involved;
(c)
whether the custodian reasonably believes that the personal health information involved has been or will be misused; and
(d)
whether the cause of the breach or the pattern of breaches indicates a systemic problem.
38/11 s5
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Entity prescribed
6.
The Centre for Health Information is an entity to which information may be disclosed under the authority of paragraph 39(1)(h) of the Act.
38/11 s6
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Designation of network
7.
The
(a)
picture archiving and communication system; and
(b)
laboratory information system
as administered by the Centre for Health Information are designated as
information networks for the purpose of paragraph 39(4)(c) of the Act.
38/11 s7
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