38 (1) A health information custodian may disclose personal health information about an individual, (a)  to a health information custodian described in paragraph 1, 3 or 4 of the definition of “health information custodian” in subsection 3 (1), if the disclosure is reasonably necessary for the provision of health care and it is not reasonably possible to obtain the individual’s consent in a timely manner, but not if the individual has expressly instructed the custodian not to make the disclosure; (b)  in order for the Minister, another health information custodian, a local health integration network or the Agency to determine or provide funding or payment to the custodian for the provision of health care; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 38 (1) (b) of the Act is amended by striking out “a local health integration network”. (See: 2019, c. 5, Sched. 3, s. 17 (4)) (c)  for the purpose of contacting a relative, friend or potential substitute decision-maker of the individual, if the individual is injured, incapacitated or ill and unable to give consent personally.  2004, c. 3, Sched. A, s. 38 (1); 2006, c. 4, s. 51 (2); 2007, c. 10, Sched. H, s. 13; 2016, c. 23, s. 64 (2); 2016, c. 30, s. 43 (3); 2019, c. 5, Sched. 3, s. 17 (3); 2020, c. 13, Sched. 3, s. 8 (13, 14). Notice of instruction (2) If a health information custodian discloses personal health information about an individual under clause (1) (a) and if an instruction of the individual made under that clause prevents the custodian from disclosing all the personal health information that the custodian considers reasonably necessary to disclose for the provision of health care or assisting in the provision of health care to the individual, the custodian shall notify the person to whom it makes the disclosure of that fact.  2004, c. 3, Sched. A, s. 38 (2). Facility that provides health care (3) A health information custodian that is a facility that provides health care may disclose to a person the following personal health information relating to an individual who is a patient or a resident in the facility if the custodian offers the individual the option, at the first reasonable opportunity after admission to the facility, to object to such disclosures and if the individual does not do so: 1.  The fact that the individual is a patient or resident in the facility. 2.  The individual’s general health status described as critical, poor, fair, stable or satisfactory, or in similar terms. 3.  The location of the individual in the facility.  2004, c. 3, Sched. A, s. 38 (3). Deceased individual (4) A health information custodian may disclose personal health information about an individual who is deceased, or is reasonably suspected to be deceased, (a)  for the purpose of identifying the individual; (b)  for the purpose of informing any person whom it is reasonable to inform in the circumstances of, (i)  the fact that the individual is deceased or reasonably suspected to be deceased, and (ii)  the circumstances of death, where appropriate; or (c)  to the spouse, partner, sibling or child of the individual if the recipients of the information reasonably require the information to make decisions about their own health care or their children’s health care.  2004, c. 3, Sched. A, s. 38 (4). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 51 (2) - 28/03/2006 2007, c. 10, Sched. H, s. 13 - 04/06/2007 2016, c. 23, s. 64 (2) - 05/12/2016; 2016, c. 30, s. 43 (3)
- 01/11/2017 2019, c. 5, Sched. 3, s. 17 (3) - 06/06/2019; 2019, c. 5, Sched. 3, s. 17 (4) - not in force 2020, c. 13, Sched. 3, s. 8 (13, 14) - 01/05/2022