Disclosure of information
17(1)No person shall disclose information in respect of the mental condition or the observation, examination, assessment, restraint, care or treatment of another person as a patient of a psychiatric facility.
17(2)Subsection (1) applies in respect of information obtained
(a)
in the course of the observation, examination, assessment, restraint, care or treatment of the patient,
(b)
in the course of employment in the psychiatric facility,
(c)
from a person who obtained the information in the manner described in paragraph (
a) or (
b), or
(d)
from a clinical record or other record kept by the psychiatric facility.
17(3)Notwithstanding subsection (1), the administrator may disclose information in respect of a patient or former patient at the request of the patient or former patient or, at the request of another person, with the consent of the patient or former patient.
17(4)Notwithstanding subsection (1), the administrator may disclose information
(a)
with a consent given on behalf of the patient in accordance with section 8.6,
(b)
for the purposes of research, academic pursuits or the compilation of statistical data, or
(c)
to the administrator of a psychiatric facility or other medical facility to which the patient is transferred, admitted or referred.
17(5)Notwithstanding subsection (1), information may be disclosed
(a)
for the purposes of the observation, examination, assessment, restraint, care or treatment of the patient in the psychiatric facility,
(b)
for the purposes of the observation, examination, assessment, restraint, care or treatment of the former patient in another medical facility,
(b.1)
to an officer or employee of a public body or a custodian who is a health care provider, if the information is necessary for the delivery of an integrated service, program or activity, as defined in the
Personal Health Information Privacy and Access Act, and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or the custodian to whom the information is disclosed,
(c)
to a physician in charge of the patient’s care,
(d)
to an inspector for the purposes of this Act,
(e)
to a psychiatric patient advocate service and a psychiatric patient advocate for the purposes of this Act;
(f)
to a board or committee or the counsel or agent of a board or committee of a health facility or of the governing body of a health profession, for the purposes of an investigation or assessment of the observation, examination, assessment, restraint, care or treatment provided by a member of the health profession, or for the purposes of a discipline proceeding against a member of the health profession,
(g)
to a tribunal or review board for the purposes of an inquiry or hearing,
(h)
in response to an order for examination under the
Provincial Offences Procedure Act or in response to an assessment order under the
Criminal Code (Canada);
(i)
for the purposes of court proceedings in relation to which an order for examination was made under the
Provincial Offences Procedure Act or an assessment order or a disposition was made under the
Criminal Code (Canada);
(j)
for the purposes of a review in relation to a disposition made under the
Criminal Code (Canada);
(k)
in compliance with any statute or regulation of the Province, of any other province or territory or of Canada;
(k.1)
in compliance with section 11.1 of the
Family Services Act,
(l)
to a court for examination under this section,
(m)
in compliance with a court order under this section, or
(n)
to the Public Trustee.
17(6)If an application is filed with the chairman of a review board under subsection 8.5(5) in relation to mental competence to give or refuse to give consent to a proposed disclosure, the disclosure shall not be made until the matter is finally determined.
17(7)A person to whom information is disclosed under subsection (4) for the purposes of research, academic pursuits or the compilation of statistical data shall not disclose the name of or any means of identifying the patient or former patient and shall not use or communicate the information for a purpose other than research, academic pursuits or the compilation of statistical data.
17(8)If the disclosure of information mentioned in subsection (1) is required in a proceeding before a court, the court upon motion may order the disclosure of the information.
17(9)If the disclosure of information mentioned in subsection (1) is required in a proceeding before a tribunal that is not a court and that is not a tribunal appointed under this Act, a judge of The Court of Queen’s Bench of New Brunswick, upon application, may order the disclosure of the information.
17(10)The court referred to in subsection (8) and the judge referred to in subsection (9) may examine the information without disclosing it to the party seeking the disclosure.
17(11)The party seeking the disclosure and the administrator are each entitled to make submissions to the court referred to in subsection (8) or to the judge referred to in subsection (9) in the absence of the other before the court or judge makes a decision.
17(12)If the court referred to in subsection (8) or the judge referred to in subsection (9) is satisfied that the disclosure of the information 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, the court or judge shall not order the disclosure of the information unless satisfied that to do so is essential in the interests of justice.
1969, c.13, s.17; 1989, c.23, s.5; 1993, c.50, s.2; 1999, c.32, s.10; 2004, c.8, s.4; 2005, c.P-26.5, s.28; 2013, c.47, s.5