51 (1) This Part does not apply to a record that contains, (a)  quality of care information; (b)  personal health information collected or created for the purpose of complying with the requirements of a quality assurance program within the meaning of the Health Professions Procedural Code that is Schedule 2 to the Regulated Health Professions Act, 1991; (c)  raw data from standardized psychological tests or assessments; or (d)  personal health information of the prescribed type in the custody or under the control of a prescribed class or classes of health information custodians.  2004, c. 3, Sched. A, s. 51 (1). Severable record (2) Despite subsection (1), this Part applies to that part of a record of personal health information that can reasonably be severed from the part of the record that contains the information described in clauses (1) (a) to (d).  2004, c. 3, Sched. A, s. 51 (2). Health care practitioner acting for an institution (3) This Part does not apply to a record in the custody or under the control of a health care practitioner who is employed by or acting for an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act
that is not a health information custodian if the individual has the right to request access to the record under one of those Acts.  2007, c. 10, Sched. H, s. 18. Permission to disclose (4) When subsection (3) applies to a record, the health care practitioner may disclose the record to the institution to enable the institution to process the individual’s request under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, as the case may be, for access to the record.  2007, c. 10, Sched. H, s. 18. Note: On a day to be named by proclamation of the Lieutenant Governor, section 51 of the Act is amended by adding the following subsections: (See: 2016, c. 6, Sched. 1, s. 1 (10)) Application to prescribed organization (5) Subject to any exceptions and additional requirements, if any, that are prescribed, this Part applies to the prescribed organization as if it were a health information custodian with respect to the following records and as if the prescribed organization has custody or control of the records: 1.  A record of personal health information that is accessible to health information custodians by means of the electronic health record developed and maintained by the prescribed organization. 2.  The electronic records kept by the prescribed organization under paragraphs 4, 5 and 6 of section 55.3. 2016, c. 6, Sched. 1, s. 1 (10). Application to record of a custodian (6) Subject to any exceptions and additional requirements, if any, that are prescribed, this Part applies to a record in the custody or control of a health information custodian respecting all instances where all or part of the personal health information of the individual that is accessible by means of the electronic health record developed and maintained by the prescribed organization is viewed, handled or otherwise dealt with by the custodian. 2016, c. 6, Sched. 1, s. 1 (10). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 18 - 04/06/2007 2016, c. 6, Sched. 1, s. 1 (10) - not in force