P-9.0001, r. 0.1 - Regulation respecting the application of the Act respecting the sharing of certain health information

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Updated to 1 August 2022
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chapter P-9.0001, r. 0.1
Regulation respecting the application of the Act respecting the sharing of certain health information
Act respecting the sharing of certain health information
(chapter P 9.0001, ss. 4, par. 20, 24, 26, par. 18, 44, par. 4, 69, par. 16, and 120, pars. 1, 2 and 4).
1. In addition to the persons and partnerships provided for in section 4 of the Act respecting the sharing of certain health information (chapter P-9.0001), the specific information management rules apply to the following persons and partnerships:
(1)  a person or a partnership that operates a private health facility;
(2)  the Institut national de santé publique du Québec;
(3)  Transplant Québec;
(4)  a person or a partnership that operates a private seniors’ residence referred to in section 346.0.1 of the Act respecting health services and social services (chapter S-4.2);
(5)  a palliative care hospice within the meaning of the Act respecting end-of-life care (chapter S-32.0001);
(6)  Corporation d’urgences-santé;
(7)  a holder of an ambulance service permit issued in accordance with the Act respecting pre-hospital emergency services (chapter S-6.2).
O.C. 56-2019, s. 1; O.C. 1160-2022, s. 1.
2. Within the meaning of this Regulation, a private health facility means a consulting room or office, situated elsewhere than in a facility maintained by an institution, in which one or more of the professionals listed below, individually or as a group, regularly practise their profession, privately and solely on their own account, without directly or indirectly providing their patients with lodging:
(1)  a dentist;
(2)  a dental hygienist;
(3)  a dietitian or a nutritionist;
(4)  a physiotherapist;
(5)  a respiratory therapist;
(6)  an occupational therapist;
(7)  a social worker;
(8)  a nurse;
(9)  a podiatrist;
(10)  a psychologist;
(11)  a psychoeducator;
(12)  a chiropractor;
(13)  an optometrist;
(14)  an audiologist or a speech language pathologist.
O.C. 56-2019, s. 2; O.C. 1160-2022, s. 2.
3. For the purposes of section 24 of the Act, the health information that must be released is the information concerning any medication dispensed and administered to a person in a facility maintained by an institution as part of medical oncology services that the person receives.
O.C. 56-2019, s. 3.
4. In addition to the information provided for in section 26 of the Act, the medication domain is made up of the following health information, if available:
(1)  the date of administration of the medication;
(2)  the name of the department and service where the medication was dispensed and administered;
(3)  the name of the medication in research protocol in the case of such medication;
(4)  the name of the medication in Health Canada’s Special Access Programme for Drugs in the case of such medication.
O.C. 56-2019, s. 4.
5. In addition to the information provided for in section 44 of the Act, the hospitalization domain is made up of the following health information, if available:
(1)  the date on which the person concerned was admitted to the location where services are provided and where the person is hospitalized;
(2)  diagnoses concomitant with the main diagnosis and chronic diseases that have no impact on the taking in charge during hospitalization;
(3)  the indication that a transfusion of blood products or products derived from blood products was performed;
(4)  the date of each of the consultations carried out by a physician or a specialized nurse practitioner during the hospitalization and the specialty of each of them;
(5)  the fact that the hospitalization is part of a research protocol;
(6)  the departure date of the person concerned from the location where services are provided and where the person was hospitalized;
(7)  the medications that the person concerned should be taking after the person’s departure, their dosage, the duration of the treatment and the medications that the person should cease to take;
(8)  a summary comparing the medications prescribed at the time of departure of the person concerned with the medications that the person was taking before being admitted;
(9)  the place towards which the person concerned was directed on the departure date, that is, the person’s domicile with or without service or another institution;
(10)  the various recommendations and follow-ups related to the health problems presented by the patient on the departure date;
(11)  the additional notes on the hospitalization, that is, the notes written upon departure of the person concerned and relating the highlights that occurred during the hospitalization;
(12)  the name and unique provider number of the health professional responsible for the hospitalization;
(13)  the date and cause of death of the person concerned;
(14)  the indication that an autopsy was performed;
(15)  the registration number of the hospitalization summary sheet.
O.C. 56-2019, s. 5; S.Q. 2020, c. 6, s. 67.
6. In addition to the providers provided for in section 69 of the Act, the following providers may be assigned an access authorization for a health information bank in a clinical domain or an electronic prescription management system for medication:
(1)  a dentist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(1.1)  a dental medicine resident practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(1.2)  a dental hygienist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(2)  a dietitian or a nutritionist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(3)  a physiotherapist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(4)  a physiotherapy technologist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(5)  a respiratory therapist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(6)  an occupational therapist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(7)  a medical imaging technologist, a radiation oncology technologist or a medical electrophysiology technologist practising in a centre operated by an institution, in a private physician’s office, a specialized medical centre, a medical imaging laboratory or a medical diagnostic radiology laboratory,
(8)  a laboratory technologist practising in a centre operated by an institution, in a private physician’s office, a specialized medical centre or a medical biology laboratory;
(9)  a social worker practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(10)  a nurse practising in a private health facility, in a community pharmacy, in a private seniors’ residence, in a palliative care hospice, at Transplant Québec, in the Laboratoire de santé publique du Québec or the Centre de toxicologie du Québec administered by the Institut national de santé publique du Québec;
(10.1)  a nursing assistant practising in a private health facility, in a private seniors’ residence or a palliative care hospice;
(11)  a pharmacist practising in a private physician’s office, in a specialized medical centre or a palliative care hospice;
(12)  a physician practising in the Laboratoire de santé publique du Québec or the Centre de toxicologie du Québec administered by the Institut national de santé publique du Québec;
(12.1)  the holder of a medical registration certificate practising in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(12.2)  the holder of a training card issued by the secretary of the Collège des médecins du Québec practising in a palliative care hospice;
(13)  a biochemist or a microbiologist practising or working in the Laboratoire de santé publique du Québec or in the Centre de toxicologie du Québec administered by the Institut national de santé publique du Québec;
(14)  a podiatrist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(15)  a professional technologist carrying on professional activities in the field of orthotics or prosthetics in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(16)  a psychologist practising in a private health facility, in a centre operated by an institution, in a private physician’s office, in a specialized medical centre, in a private seniors’ residence or a palliative care hospice;
(17)  a psychoeducator practising in a private health facility, in a centre operated by an institution, in a private physician’s office, in a specialized medical centre or a private seniors’ residence;
(18)  an ambulance technician practising at Corporation d’urgences-santé or on behalf of a holder of an ambulance service permit;
(19)  a chiropractor practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(20)  an optometrist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre;
(21)  an audiologist or a speech language pathologist practising in a private health facility, in a centre operated by an institution, in a private physician’s office or a specialized medical centre.
O.C. 56-2019, s. 6; O.C. 1160-2022, s. 3.
7. (Omitted).
O.C. 56-2019, s. 7.
REFERENCES
O.C. 56-2019, 2019 G.O. 2, 160
S.Q. 2020, c. 15, s. 74
S.Q. 2020, c. 6, s. 67
O.C. 1160-2022, 2022 G.O. 2, 2465