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February 25, 2003
Health Information Amendment Act
protects patient confidentiality while providing needed accessEdmonton...Legislative amendments will protect the confidentiality of patient information while giving health professionals and families the access they need.
"Health providers need information that will let them make the best care decisions for Albertans, and patients need to know their health information is confidential. This bill strikes a balance between those two needs," said Gary Mar, Minister of Alberta Health and Wellness. "We consulted with health stakeholders and with the Information and Privacy Commissioner to ensure confidentiality and appropriate access."
Bill 10, the Health Information Amendment Act, will emphasize confidentiality and security of electronic heath records under Section 60 of the current Act by requiring those who use and keep health records-like doctors, pharmacists and health authorities - to have appropriate safeguards in place.
Bill 10 repeals Section 59, removing the requirement to get patient consent before information can be shared through electronic means. The people who keep and manage electronic health records have told us getting consent is an administrative burden that takes time away from patient care. The Pharmaceutical Information Network pilot project shows a majority of people consented to have their records shared by electronic means.
Electronic health records are a key recommendation in the Premier's Advisory Council on Health Report. It allows health care providers appropriate access to the health information they need at the point of care to improve patient safety and care delivery.
Amendments to Section 35(1) and Section 104(1) will allow discretionary disclosure of information of deceased individuals. In the event of a death, the family and close friends of the deceased also need access to health information to understand what happened and to administer the estate. Bill 10 will authorize discretionary disclosure of health information that relates to circumstances surrounding death, or health services the person received before death. Where disclosure is not contrary to the express request of the deceased, this balances privacy with the family's need to know.
Under the current Act, only the personal representative of someone who was 18 or older at time of death may exercise rights on behalf of the deceased. Because access to information may be needed to administer an estate of a child, Bill 10 removes the age restriction, as recommended by the Information and Privacy Commissioner.
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Copies of the Health Information Act are available on-line at:
For further information, contact:
Michael Shields - Communications, Alberta Health and Wellness - (780) 427-7164
Dial 310-0000 for toll free access outside Edmonton
Access is available on-line at
Copyright(c); 2003 Government of Alberta