35. (1) In this section, “patient” includes former patient, out-patient, former out-patient and anyone who is or has been detained in a psychiatric facility.  2004, c. 3, Sched. A, s. 90 (7). Disclosure, etc., for purpose of detention or order (2) The officer in charge of a psychiatric facility may collect, use and disclose personal health information about a patient, with or without the patient’s consent, for the purposes of, (a) examining, assessing, observing or detaining the patient in accordance with this Act; or (b) complying with Part XX.1 (Mental Disorder) of the Criminal Code (Canada) or an order or disposition made pursuant to that Part.  2004, c. 3, Sched. A, s. 90 (7). Disclosure to Board (3) In a proceeding before the Board under this or any other Act in respect of a patient, the officer in charge shall, at the request of any party to the proceeding, disclose to the Board the patient’s record of personal health information.  2004, c. 3, Sched. A, s. 90 (7). Disclosure of record (4) The officer in charge may disclose or transmit a person’s record of personal health information to or permit the examination of the record by, (a) a physician who is considering issuing or renewing, or who has issued or renewed, a community treatment order under section 33.1; (b) a physician appointed under subsection 33.5 (2); (c) another person named in the person’s community treatment plan as being involved in the person’s treatment or care and supervision upon the written request of the physician or other named person; or (d) a prescribed person who is providing advocacy services to patients in the prescribed circumstances.  2004, c. 3, Sched. A, s. 90 (7). Substitute Decisions Act, 1992 (4.1) The officer in charge shall disclose or transmit a clinical record to, or permit the examination of a clinical record by, a person who is entitled to have access to the record under section 83 of the Substitute Decisions Act, 1992.  1992, c. 32, s. 20 (13); 1996, c. 2, s. 72 (12). (4.2) Repealed:  1996, c. 2, s. 72 (13). Disclosure pursuant to summons (5) Subject to subsections (6) and (7), the officer in charge or a person designated in writing by the officer in charge shall disclose, transmit or permit the examination of a record of personal health information pursuant to a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act.  R.S.O. 1990, c. M.7, s. 35 (5); 2004, c. 3, Sched. A, s. 90 (8). Statement by attending physician (6) Where the disclosure, transmittal or examination of a record of personal health information is required by a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act and the attending physician states in writing that he or she is of the opinion that the disclosure, transmittal or examination of the record of personal health information or of a specified part of the record of personal health information, (a) is likely to result in harm to the treatment or recovery of the patient; or (b) is likely to result in, (i) injury to the mental condition of a third person, or (ii) bodily harm to a third person, no person shall comply with the requirement with respect to the record of personal health information or the part of the record of personal health information specified by the attending physician except under an order made by the court or body before which the matter is or may be in issue after a hearing from which the public is excluded and that is held on notice to the attending physician.  R.S.O. 1990, c. M.7, s. 35 (6); 1992, c. 32, s. 20 (14); 2004, c. 3, Sched. A, s. 90 (8). Matters to be considered by court or body (7) On a hearing under subsection (6), the court or body shall consider whether or not the disclosure, transmittal or examination of the record of personal health information or the part of the record of personal health information specified by the attending physician, (a) is likely to result in harm to the treatment or recovery of the patient; or (b) is likely to result in, (i) injury to the mental condition of a third person, or (ii) bodily harm to a third person, and for the purpose the court or body may examine the record of personal health information, and, if satisfied that such a result is likely, the court or body shall not order the disclosure, transmittal or examination unless satisfied that to do so is essential in the interests of justice.  R.S.O. 1990, c. M.7, s. 35 (7); 2004, c. 3, Sched. A, s. 90 (8). Return of clinical record to officer in charge (8) Where a clinical record is required pursuant to subsection (5) or (6), the clerk of the court or body in which the clinical record is admitted in evidence or, if not so admitted, the person to whom the clinical record is transmitted shall return the clinical record to the officer in charge forthwith after the determination of the matter in issue in respect of which the clinical record was required.  R.S.O. 1990, c. M.7, s. 35 (8). (8.1) Repealed:  2004, c. 3, Sched. A, s. 90 (9). Disclosure in proceeding (9) No person shall disclose in a proceeding in any court or before any body any information in respect of a patient obtained in the course of assessing or treating the patient, or in the course of assisting in his or her assessment or treatment, or in the course of employment in the psychiatric facility, except, (a) where the patient is mentally capable within the meaning of the Personal Health Information Protection Act, 2004, with the patient’s consent; (b) where the patient is not mentally capable, with the consent of the patient’s substitute decision-maker within the meaning of the Personal Health Information Protection Act, 2004; or (c) where the court or, in the case of a proceeding not before a court, the Divisional Court determines, after a hearing from which the public is excluded and that is held on notice to the patient or, if the patient is not mentally capable, the patient’s substitute decision-maker referred to in clause (b), that the disclosure is essential in the interests of justice.  2004, c. 3, Sched. A, s. 90 (10). Board proceedings (10) Subsection (9) does not apply to a proceeding before the Board under this or any other Act, or to an appeal from a decision of the Board.  1992, c. 32, s. 20 (17). Other proceedings (11) Subsection (9) does not apply to a proceeding before a court or any other body that is commenced by or on behalf of a patient and that relates to the assessment or treatment of the patient in a psychiatric facility.  1992, c. 32, s. 20 (18). (12) Repealed:  2004, c. 3, Sched. A, s. 90 (11). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (9, 12, 14, 18) - 10/12/1992; 1992, c. 32, s. 20 (13, 15-17) - 03/04/1995; 1996, c. 2, s. 72 (7-15) - 29/03/1996 2000, c. 9, s. 16
- 01/12/2000 2004, c. 3, Sched. A, s. 90 (6-11) - 01/11/2004