Release of information
8(1)Every person employed in the administration of this Act shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of that person’s employment, and no such person shall release any information acquired in the course of that person’s employment, except
(a)
for purposes relating to the administration of this Act or as required by law,
(a.1)
as required under section 23 of the
Child and Youth Well-Being Act,
(b)
to a medical practitioner or an oral and maxillofacial surgeon for any purpose relating to entitled services that the medical practitioner or oral and maxillofacial surgeon has provided,
(c)
upon the request or with the written approval of the person to whom the information relates,
(d)
information relating to entitled services that an entitled person has received may be released to a medical practitioner or an oral and maxillofacial surgeon if that entitled person is a patient of the medical practitioner or oral and maxillofacial surgeon, as the case may be,
(d.1)
information may be released to the College of Physicians and Surgeons of New Brunswick for the purpose of regulating the quality or standards of professional services provided by medical practitioners who are members of the body, including for the purpose of an investigation,
(e)
non-identifying medical information may be released,
(f)
personal non-medical information may be released to departments, agencies and commissions designated under subsection (2) for the purpose of the planning of services, health research and epidemiological studies,
(f.1)
information relating to an account of a medical practitioner or an oral and maxillofacial surgeon for entitled services provided may be released to a regional health authority, as defined in the
Regional Health Authorities Act, for the purpose of the efficient delivery of health services,
(g)
information relating to medical practitioner registration may be released to the New Brunswick Medical Society and to the College of Physicians and Surgeons of New Brunswick,
(g.01)
personal information relating to a medical practitioner may be released to
(i)
an agent of the provincial authority for the purpose of administering programs for the benefit of medical practitioners under an agreement referred to in subsection 4.1(1), and
(ii)
the New Brunswick Medical Society for the purpose of negotiating an agreement referred to in subsection 4.1(1),
(g.1)
information relating to oral and maxillofacial surgeon registration may be released to the New Brunswick Dental Society,
(g.2)
information relating to the remuneration of a medical practitioner or an oral and maxillofacial surgeon for entitled services provided may be released for the purpose of public reporting,
(g.3)
Repealed: 2019, c.18, s.5
(h)
information may be released by the provincial authority, while acting in the capacity of the Minister, for the purpose of enabling the Minister to carry out the Minister’s statutory duties under any Act, or
(h.1)
Repealed: 2013, c.46, s.1
(i)
information may be released to an employee of the Department of Health who is charged with a statutory duty for the purpose of carrying out that statutory duty.
8(1.1)Notwithstanding paragraph (1)(
b), a person employed in the administration of this Act shall not release to a medical practitioner or an oral and maxillofacial surgeon the name of any person who has complained to the provincial authority about the billing practices or provision of entitled services by the medical practitioner or oral and maxillofacial surgeon or the nature of the complaint, except as required by law or where the matter complained of is referred to the Professional Review Committee under section 5.5.
8(2)The provincial authority may designate departments, agencies and commissions for the purposes of paragraph (1)(
f).
8(3)If this section is inconsistent with or in conflict with a provision of the
Right to Information and Protection of Privacy Act, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, this section prevails.
1968, c.85, s.8; 1994, c.57, s.3; 1999, c.32, s.10; 2000, c.12, s.1; 2000, c.26, s.186; 2003, c.20, s.15; 2006, c.16, s.107; 2012, c.46, s.1; 2013, c.46, s.1; 2014, c.18, s.3; 2015, c.40, s.1; 2017, c.29, s.5; 2019, c.12, s.20; 2019, c.18, s.5; 2023, c.36, s.22