Mr. Flynn.
Debates of March 8th, 1993
Topics
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Flynn
Thank you, Mr. Chairman. It is a good question. Currently in the act, there are several fall-back provisions which safeguard the patient's information and impose duties on the substitute consent giver who is appointed solely for record purposes. If this person wants to be exempt from liability under the act, there is a provision in section 59 which requires that person to act in good faith.
There is also a safeguard in the fact that the records are in the care and custody of the person in charge of the hospital. That person has discretion as to whether they are to be released, and that is indicated in section 48(3) of the act. If these records are released to a person who acts in less than good faith, the damage can be controlled by section 48(2), where it is clear that "no person shall disclose or transmit or examine a patient's health records, other than provided in the act." So, if a "bad" substitute consent giver acted improperly, he is punishable under the act for doing so. Thank you.
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Fred Koe Inuvik
The other issue raised by the committee is the need and rationale for a broadening of access to health records by health care workers outside the hospital. In the committee's comments it says, "it seemed inconsistent that this bill strengthen the right of patients to refuse treatment, while removing their ability to refuse the disclosure of their health records." Again, just for the record, has this been looked at or have you any comments on this observation made by the committee?
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Rebecca Mike Baffin Central
I will let Mr. Flynn respond to that, Mr. Chairman.
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 804
Flynn
Thank you, Mr. Chairman. As I understand the committee's concern, it is that doctors and nurses in the community would be given access to a patient's records without their consent. This issue has been contrasted with the different treatment afforded to the individual to refuse treatment under the act. That decision has more significant constitutional status than a patient's confidentiality of his records, which has not yet received recognition as a constitutional right. That being the case, the statute is not contravening a right other
than the common law one afforded to a patient in respect to confidentiality of information. That is not an absolute right, statutes can vary that right. They are doing so in this instance for the benefit of the patient to ensure that he gets better care on the basis of the information contained in his records. Thank you.
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Fred Koe Inuvik
Is the Minister satisfied that the bill we are amending adequately covers the issues and concerns raised by the committee?
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Rebecca Mike Baffin Central
Thank you, Mr. Chairman. Yes.
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
John Ningark Natilikmiot
Thank you, Mr. Chairman. As I stated earlier, I have no problem with this particular bill because according to my humble understanding, the act is subject to an appeal if the act is deemed to be contradictory to a person's rights. Thank you.
Clause By Clause
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
The Chair Tony Whitford
Thank you, Mr. Ningark. Any further general comments? We will return to clause 5. Agreed?
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 805