55 (1) If a health information custodian has granted an individual access to a record of his or her personal health information and if the individual believes that the record is inaccurate or incomplete for the purposes for which the custodian has collected, uses or has used the information, the individual may request in writing that the custodian correct the record.  2004, c. 3, Sched. A, s. 55 (1); 2007, c. 10, Sched. H, s. 21. Informal request (2) If the individual makes an oral request that the health information custodian correct the record, nothing in this Part prevents the custodian from making the requested correction.  2004, c. 3, Sched. A, s. 55 (2). Reply (3) As soon as possible in the circumstances but no later than 30 days after receiving a request for a correction under subsection (1), the health information custodian shall, by written notice to the individual, grant or refuse the individual’s request or extend the deadline for replying for a period of not more than 30 days if, (a)  replying to the request within 30 days would unreasonably interfere with the activities of the custodian; or (b)  the time required to undertake the consultations necessary to reply to the request within 30 days would make it not reasonably practical to reply within that time.  2004, c. 3, Sched. A, s. 55 (3). Extension of time for reply (4) A health information custodian that extends the time limit under subsection (3) shall, (a)  give the individual written notice of the extension setting out the length of the extension and the reason for the extension; and (b)  grant or refuse the individual’s request as soon as possible in the circumstances but no later than the expiry of the time limit as extended.  2004, c. 3, Sched. A, s. 55 (4). Deemed refusal (5) A health information custodian that does not grant a request for a correction under subsection (1) within the time required shall be deemed to have refused the request.  2004, c. 3, Sched. A, s. 55 (5). Frivolous or vexatious requests (6) A health information custodian that believes on reasonable grounds that a request for a correction under subsection (1) is frivolous or vexatious or is made in bad faith may refuse to grant the request and, in that case, shall provide the individual with a notice that sets out the reasons for the refusal and that states that the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI.  2004, c. 3, Sched. A, s. 55 (6). Right to complain (7) The individual is entitled to make a complaint to the Commissioner under Part VI about a refusal made under subsection (6).  2004, c. 3, Sched. A, s. 55 (7). Duty to correct (8) The health information custodian shall grant a request for a correction under subsection (1) if the individual demonstrates, to the satisfaction of the custodian, that the record is incomplete or inaccurate for the purposes for which the custodian uses the information and gives the custodian the information necessary to enable the custodian to correct the record.  2004, c. 3, Sched. A, s. 55 (8). Exceptions (9) Despite subsection (8), a health information custodian is not required to correct a record of personal health information if, (a)  it consists of a record that was not originally created by the custodian and the custodian does not have sufficient knowledge, expertise and authority to correct the record; or (b)  it consists of a professional opinion or observation that a custodian has made in good faith about the individual.  2004, c. 3, Sched. A, s. 55 (9). Duties upon correction (10) Upon granting a request for a correction under subsection (1), the health information custodian shall, (a)  make the requested correction by, (i)  recording the correct information in the record and, (A)  striking out the incorrect information in a manner that does not obliterate the record, or (B)  if that is not possible, labelling the information as incorrect, severing the incorrect information from the record, storing it separately from the record and maintaining a link in the record that enables a person to trace the incorrect information, or (ii)  if it is not possible to record the correct information in the record, ensuring that there is a practical system in place to inform a person who accesses the record that the information in the record is incorrect and to direct the person to the correct information; (b)  give notice to the individual of what it has done under clause (a); (c)  at the request of the individual, give written notice of the requested correction, to the extent reasonably possible, to the persons to whom the custodian has disclosed the information with respect to which the individual requested the correction of the record, except if the correction cannot reasonably be expected to have an effect on the ongoing provision of health care or other benefits to the individual.  2004, c. 3, Sched. A, s. 55 (10). Notice of refusal (11) A notice of refusal under subsection (3) or (4) must give the reasons for the refusal and inform the individual that the individual is entitled to, (a)  prepare a concise statement of disagreement that sets out the correction that the health information custodian has refused to make; (b)  require that the health information custodian attach the statement of disagreement as part of the records that it holds of the individual’s personal health information and disclose the statement of disagreement whenever the custodian discloses information to which the statement relates; (c)  require that the health information custodian make all reasonable efforts to disclose the statement of disagreement to any person who would have been notified under clause (10) (c) if the custodian had granted the requested correction; and (d)  make a complaint about the refusal to the Commissioner under Part VI.  2004, c. 3, Sched. A, s. 55 (11). Rights of individual (12) If a health information custodian, under subsection (3) or (4), refuses a request for a correction under subsection (1), in whole or in part, or is deemed to have refused the request, the individual is entitled to take the actions described in any of clauses (11) (a), (b), (c) and (d).  2004, c. 3, Sched. A, s. 55 (12). Custodian’s duty (13) If the individual takes an action described in clause (11) (b) or (c), the health information custodian shall comply with the requirements described in the applicable clause.  2004, c. 3, Sched. A, s. 55 (13). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 21 - 04/06/2007 Part v.1   Electronic Health Record