- Non-health information custodians
There are times when a dental hygienist may work for an employer who is not a healthcare professional. Examples of this might be a dental hygienist working in a clinic that is not owned by a health care practitioner, a dental hygienist working at a spa or providing mouthguards for a professional sports team. PHIPA allows for custodians (i.e., a dental hygienist) to authorize an “agent” to maintain the health information records on her/ his behalf. In all cases the dental hygienist who assigns an “agent” to manage client records is still responsible for the protection of the personal health information under PHIPA.
There are different circumstances in which a change may take place in the practice of an Information Custodian (e.g. death or retirement). The Information Custodian must have appropriate channels in place to ensure that the transfer of any records does not compromise a client’s privacy or access to their records. The following paragraphs are taken from the Office of the Information and Privacy Commissioner of Ontario’s guideline titled: How to Avoid Abandoned Records: Guidelines on the Treatment of Personal Health Information, in the Event of a Change in Practice.
5.1 Death of an information custodian
If a custodian dies, the Personal Health Information Protection Act, 2004 deems the estate trustee of the deceased custodian, or if there is no estate trustee, the person who assumed responsibility for the administration of the deceased custodian’s estate, to be the custodian for the records until custody or control passes to another person who is legally authorized to hold them. As a result, the estate trustee or the person who assumes responsibility for the administration of the estate, must comply with the duties and obligations imposed on custodians under PHIPA
5.2 Retirement of an information custodian
If a custodian transfers records of personal health information to a successor in accordance with the requirements of the Personal Health Information Protection Act, 2004, the successor becomes the custodian with custody or control of the records of personal health information. For example, where a dental hygienist retires and transfers the records to another dental hygienist, the latter becomes the custodian of the records. This transfer principle would also be applicable if the dental hygienist was to sell his/her practice to another dental hygienist. If a custodian closes their clinic completely, they may absolve themselves of responsibility for records by transferring them to the Archives of Ontario, or to a prescribed person whose functions include the collection and preservation of records of historical or archival importance. If the archive is not acting as an agent, then this is the only circumstance where a transfer of records may be to a person who is not a custodian as defined under PHIPA.
5.3 Duty to notify
The custodian must make reasonable efforts to give proper notice to the individuals to whom the personal health information relates before transferring the records. If it is not possible to give notice beforehand, then notice must be given as soon as possible after the transfer of the record.
resource:
https://www.cd
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