Updating Rules for Health Data Sharing

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The Minister of Health’s Order 2024-021 amends the Regulation respecting access authorizations and the duration of use of information held in a health information bank within a clinical domain. This amendment is part of implementing the Act respecting the sharing of certain health information (chapter P-9.0001), with specific focus on sections relating to access authorization managers and how access can be determined based on professional orders, specialties, duties, or particular information assets.

Key changes introduced by this amendment include expanding the range of individuals who may act as access authorization managers. The revision adds subparagraphs specifying that individuals designated by the highest authorities within Indigenous health and social services centers or residential centers, as well as Indigenous addiction lodging centers, are now included as eligible access managers. This update reflects broader inclusivity in the management and oversight of health information access, aligning with recent legislative changes aimed at enhancing Indigenous health service structures.

Additionally, the amendment refines other aspects of the regulation to align with related regulatory updates. For example, Section 1 now references changes made by Order in Council 1601-2024, affecting how certain access authorizations are applied under the Act. The regulation’s amendments also ensure coherence across different regulatory sections by integrating provisions made in other legislative orders, notably those concerning the application of the Act.

Section 3 of the regulation has been revised to clarify that nurses practicing in private health facilities, community pharmacies, private seniors’ residences, palliative care hospices, and various Indigenous centers are included under specific access authorizations. These updates are intended to streamline and standardize how access is managed within different healthcare environments, ensuring that those working within these settings are properly authorized to access relevant health information in line with their duties.

Further adjustments have been made to other sections, such as Section 5, which now references specific paragraphs from the Regulation respecting the application of the Act, ensuring consistent legal application. This includes language that incorporates changes from Order in Council 1601-2024, establishing a clearer and unified approach to health information access and usage.

Sections 7 and 9 were also modified to reference the same order, reinforcing alignment with amendments that address different aspects of information access and authorization within health facilities. These changes aim to maintain uniformity and legal consistency throughout the regulatory framework governing health information sharing and access.

This regulation aligns with the government’s ongoing efforts to modernize health information management practices and improve the accessibility and integrity of data across the health system.

Quebec (MO Order 2024-021) November 27, 2024