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Copyright © 2011: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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NEWFOUNDLAND AND LABRADOR
REGULATION 38/11

Personal Health Information Regulations
under the
Personal Health Information Act
(O.C. 2011-095)

(Filed March 31, 2011)

Under the authority of section 90 of the Personal Health Information Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , March 30, 2011.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Personal Health Information Regulations.

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Definition

        2. In these regulations

             (a)  "Act" means the Personal Health Information Act ; and

             (a)  "affiliation agreement" means an agreement with a university, college or other centre of learning to provide instruction to post-secondary students.

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Health care service

        3. Where a custodian has entered into an affiliation agreement to provide instruction to a student or other person in his or her course of study to become a health care provider or a health care professional, that instruction is a health care service within the meaning of paragraph 2(1)(h)(viii) of the Act.

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Custodian

        4. The following persons are designated as custodians for the purpose of paragraph 4(1)(p) of the Act:

             (a)  a department of the Nunatsiavut government when engaged in a function related to the delivery or administration of health care in Nunatsiavut; and

             (b)  the Canadian Blood Services.

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Material breach

        5. The factors that are relevant to determining what constitutes a material breach for the purpose of subsection 15(4) of the Act include the following:

             (a)  the sensitivity of the personal health information involved;

             (b)  the number of people whose personal health information was involved;

             (c)  whether the custodian reasonably believes that the personal health information involved has been or will be misused; and

             (d)  whether the cause of the breach or the pattern of breaches indicates a systemic problem.

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Entity prescribed

        6. The Centre for Health Information is an entity to which information may be disclosed under the authority of paragraph 39(1)(h) of the Act.

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Designation of network

        7. The

             (a)  picture archiving and communication system; and

             (b)  laboratory information system

as administered by the Centre for Health Information are designated as   information networks for the purpose of paragraph 39(4)(c) of the Act.