Chamber
pei
Stage
Introduced
This PEI bill updates health privacy rules, improves access to electronic health records, and removes outdated or gendered language.
Key Changes
- Expands who can be granted access to the PEI Electronic Health Record (EHR) and Drug Information System (DIS), including employees of custodians and prescribed individuals
- Requires automatic electronic logging of all EHR access, including who accessed it, what was accessed, and when — records must be kept for 10 years
- Gives individuals the right to request and review their own EHR access logs
- Allows the Privacy Commissioner to extend the time a custodian has to respond to a health information access request
- Removes the Public Health Act from the list of statutes whose records are excluded from the Health Information Act
- Removes gendered language throughout the Act and clarifies definitions of key terms like 'agent,' 'custodian,' and 'health care facility'
Gotchas
- Authorized custodians can record prescribed personal health information in the EHR without the patient's consent, as required by regulations.
- Sections 15, 16, and 17 of the bill are deemed to have come into force on December 1, 2024 — meaning some provisions apply retroactively before the bill received Royal Assent.
- The Minister holds significant authority to grant, suspend, or revoke access to the EHR, and users may be required to sign agreements as a condition of access.
- The definition of 'personal health information' can be expanded by regulation, meaning the scope of what is protected (or governed) can change without returning to the legislature.
- Accessing or using EHR information under this Act is explicitly defined as not constituting 'collection' or 'disclosure,' which affects how privacy obligations are triggered.
Who's Affected
- PEI residents whose personal health information is stored in provincial health systems
- Health care providers and facilities (hospitals, pharmacies, clinics) who are custodians of health data
- Health PEI and the provincial Minister of Health
- Researchers who access personal health information for approved studies
- Pharmacies and other facilities linked to the Drug Information System (DIS)
Vibes
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Gotchas
- Authorized custodians can record prescribed personal health information in the EHR without the patient's consent, as required by regulations.
- Sections 15, 16, and 17 of the bill are deemed to have come into force on December 1, 2024 — meaning some provisions apply retroactively before the bill received Royal Assent.
- The Minister holds significant authority to grant, suspend, or revoke access to the EHR, and users may be required to sign agreements as a condition of access.
- The definition of 'personal health information' can be expanded by regulation, meaning the scope of what is protected (or governed) can change without returning to the legislature.
- Accessing or using EHR information under this Act is explicitly defined as not constituting 'collection' or 'disclosure,' which affects how privacy obligations are triggered.
Summary
This bill amends Prince Edward Island's Health Information Act to modernize how personal health information is managed, accessed, and protected. It updates rules around the province's Electronic Health Record (PEI EHR) and Drug Information System (DIS), clarifying who can access these systems, how access is tracked, and what records must be kept. It also strengthens individuals' rights to view and correct their own health information. The bill expands who can be granted access to the PEI EHR and DIS beyond just 'authorized custodians' — now including employees of custodians, prescribed individuals, and in some cases the patients themselves. It requires automatic electronic logging of every access to the EHR, with those logs kept for 10 years and available to patients on request. The bill also makes several housekeeping changes: removing gendered language (like 'his or her'), clarifying definitions, updating cross-references, and streamlining duplicate provisions. It was introduced by the Minister of Health and Wellness as a government bill.
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Vibes
0 responses