Acts and Regulations

M-10 - Mental Health Act

Section 16.1
Disposition versions

Full text
Access to clinical record
16.1(1)A person who has reached the age of sixteen years and is mentally competent is entitled to examine and to copy the clinical record of, or a copy of the clinical record of, the observation, examination, assessment, restraint, care and treatment of that person in a psychiatric facility.
16.1(2)Subject to subsection (3), the administrator shall give the person access to the clinical record.
16.1(3)The administrator, within seven days after the person asks to examine the clinical record, may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the disclosure of all or part of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or psychological harm to another person.
16.1(4)On receipt by the chairman of the review board of an application under subsection (3), the review board shall review the clinical record and by order shall direct the administrator to give the person access to the clinical record or to a copy of it unless the review board is of the opinion that disclosure of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or serious psychological harm to another person.
16.1(5)If, in the review board’s opinion, disclosure of a part of the clinical record is likely to have a result mentioned in subsection (3), the review board shall mark or separate the part and exclude the marked or separated part from the application of the order.
16.1(6)The person and the administrator are each entitled to make submissions to the review board in the absence of the other before the review board makes its decision on an application under subsection (3).
16.1(7)If the person is allowed to examine all or a part of the clinical record, or a copy of all or a part of the clinical record, the person is entitled
(a) to request correction of the information in the clinical record, if the person believes there is an error or omission in the clinical record,
(b) to require that a statement of disagreement be attached to the clinical record reflecting any correction that is requested but not made, and
(c) to require that notice of the amendment or statement of disagreement be given to any person or organization to whom the clinical record was disclosed within the year before the amendment was requested or the statement of disagreement was required.
1989, c.23, s.5; 2014, c.19, s.11
Access to clinical record
16.1(1)A person who has reached the age of sixteen years and is mentally competent is entitled to examine and to copy the clinical record of, or a copy of the clinical record of, the observation, examination, assessment, restraint, care and treatment of that person in a psychiatric facility.
16.1(2)Subject to subsection (3), the administrator shall give the person access to the clinical record.
16.1(3)The administrator, within seven days after the person asks to examine the clinical record, may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether the disclosure of all or part of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or psychological harm to another person.
16.1(4)On receipt by the chairman of the review board of an application under subsection (3), the review board shall review the clinical record and by order shall direct the administrator to give the person access to the clinical record or to a copy of it unless the review board is of the opinion that disclosure of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or serious psychological harm to another person.
16.1(5)If, in the review board’s opinion, disclosure of a part of the clinical record is likely to have a result mentioned in subsection (3), the review board shall mark or separate the part and exclude the marked or separated part from the application of the order.
16.1(6)The person and the administrator are each entitled to make submissions to the review board in the absence of the other before the review board makes its decision on an application under subsection (3).
16.1(7)If the person is allowed to examine all or a part of the clinical record, or a copy of all or a part of the clinical record, the person is entitled
(a) to request correction of the information in the clinical record, if the person believes there is an error or omission in the clinical record,
(b) to require that a statement of disagreement be attached to the clinical record reflecting any correction that is requested but not made, and
(c) to require that notice of the amendment or statement of disagreement be given to any person or organization to whom the clinical record was disclosed within the year before the amendment was requested or the statement of disagreement was required.
1989, c.23, s.5