Guidelines for Professional Regulatory Bodies

Office of the Saskatchewan Information and Privacy Commissioner. Guidelines for Professional Regulatory Bodies. Updated February 2024. 7 Subsection 16(2) of HIPA Regulations A health professional body may consider subsection 16(2) of the HIPA Regulations when determining if it can publish personal health information in discipline decisions. 16(2) A health professional body to which personal health information is disclosed pursuant to clause (1)(a), clause 15(2)(d) or section 17 shall only use or disclose that personal health information for one or more of the following purposes: (a) for a purpose authorized by a bylaw that: (i) is made pursuant to an Act that regulates a health professional body; and (ii) is approved by the minister; (b) to carry out the duties of the health professional body with respect to regulating the members of its profession; (c) for the purposes of a program. Subsection 27(4)(i) of HIPA Subsection 27(4)(i) of HIPA provides that a trustee may disclose personal health information for the purpose of commencing or conducting a proceeding before a tribunal. Subsection 27(4)(i) of HIPA provides: 27(4) A trustee may disclose personal health information in the custody or control of the trustee without the consent of the subject individual in the following cases: (i) where the disclosure is being made for the purpose of commencing or conducting a proceeding before a court or tribunal or for the purpose of complying with: (i) an order or demand made or subpoena or warrant issued by a court, person or body that has the authority to compel the production of information; or (ii) rules of court that relate to the production of information; Proceedings may require the professional regulatory body to disclose exhibit books that contain personal health information to the member (and the member’s legal counsel). In Investigation Report 109-2016, the Commissioner has recommended as a best practice

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