Am I a Custodian?
The Personal Health Information Act (PHIA) defines a custodian as a person who has custody or control of personal health information as a result of or in connection with the performance of their powers, duties or work. “Personal health information” means identifying information in oral or recorded form that relates to the provision of health care. “Health care” is given a broad definition in the PHIA and means any observation, examination, assessment, care, service or procedure in relation to an individual that is carried out, provided or undertaken for a health-related purpose.
Examples of custodians are:
- Eastern Health, Central Health, Labrador Grenfell Health and Western Health;
- Newfoundland and Labrador Centre for Health Information;
- Workplace Health, Safety and Compensation Commission;
- Regulated Health Professionals in private practice, such as doctors, dentists, pharmacists, physiotherapists, massage therapists;
- Health Care Providers, other than health care professionals, who are paid to provide healthcare services, such as medical radiation technologists, medical laboratory technologists, optometrists, occupational therapists, opticians, audiologists, speech-language pathologists, chiropodists, pharmacists, physiotherapists, psychologists and respiratory therapists;
- Those who operate a Health Care Facility, a pharmacy, an ambulance service or a centre or program for community or mental health;
- Faculty of Medicine and the Schools of Nursing, Pharmacy, and Human Kinetics and Recreation at Memorial University.
The Act provides that persons are not custodians, including:
- an employee of a custodian when acting in the course of his or her employment;
- a body responsible for the disciplining health professionals;
- all levels of Court in the province;
- an officer of the House of Assembly.